ILLINOIS POLLUTION CONTROL BOARD

October 17, 1972

DANVILLE SANITARY DISTRICT

)

)

#72—400

v

ENVIRONMENTAL PROTECTION AGENCY

OPINION

AND

ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.)

By petition filed in Danville Sanitary District v. Environ-

mental Protection Agency, #72-347, the District sought a variance

from the requirements of PCB Regs., Chapter 3, Rule 404(f), re-

quiring advanced sewage treatment facilities to be completed by

December 31, 1973. The petition requested until June 30, 1976 to

complete the facilities.

We stated that the allegations were insufficient to support a

variance petition, noting particularly that no facts were alleged

with respect to the present plant effluent, the condition of the

stream or the reasons why petitioner had fallen so far behind in

the preparation and implementation of plans for construction of

advanced sewage treatment facilities. We observed that the Decem-

ber 31, 1973 completion date from which variance was sought was it-

self an la-month extension of the deadline contained in former

Regulations. Because of the foregoing inadequacies, the petition

was dismissed without prejudice to the filing of a more detailed

petition, (#72—347, 5 PCB August 29, 1972)

On October 10, 1972, a new petition was filed requesting the

same relief sought by the earlier petition. While some of the

inadequacies noted above have been corrected, we again dismiss the

petition for failing to satisfy our procedural Rule 401, spelling

out the types of facts which must be alleged in a variance petition.

See Decatur Sanitary District v. Environmental Protection A~ency,

#71-37, 1 PCB 359 (March 22, 1971). As in the former petition,

no allegations are made justifying petitioner’s failure to comply

with the Regulations, and specifically, why petitioner has fallen

so far behind in the submission of plans and initiation of construc-

tion for advanced treatment faci1ities, consistent with former and

existing Regulations. Little is stated what effect on the stream

would result from the granting of the variance proposed, nor has

petitioner gone into any detail adequately delineating the

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point of sag in oxygen levels in the Vermilion River. We again

dismiss the petition without prejudice to the filing of a more

detailed petition consistent with our procedural rules and former

decision above cited.

IT IS SO ORDERED.

I, Christan Moffett, clerk of

the

Illinois Pollution Control

Board,

certify thai- the above Opinion and Order was adopted

on

the

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ayo-f October, 1972, by a vote of ~ to ~

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