ILLINOIS POLLUTION CONTROL BOARD
    September 3, 1981
    SPARTON !~ANUFACTURINGCO.,,
    Petitioner,
    v.
    )
    PCB 81—87
    )
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    JOHN W. PESTLE, VARNUM, RIDDERING, WIERENGO & CHRISTENSON, APPEARED
    ON BEHALF OF PETITIONER.
    CHRISTINE ZEMAN, ASSISTANT ATTORNEY GENERAL APPEARED ON BEHALF
    OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by I. Goodman):
    On May 15, 1981 Spartan Manufacturing Company (Sparton) f~i~
    a motion for relief from the terms of an enforcement order entered
    on July 10, 1980 in PCB 79—251. The Board construed the motion as
    a petition for variance from a Board Order and entered it under
    Docket Number PCB 81—87. A citizen objection was filed on June
    5,
    1981 and the Board authorized a hearing to be held in this matter.
    A hearing was held on July 24, 1981 at which hearing the objecting
    citizen made a statement. The Board has received no other public
    comment on this matter.
    Pursuant to the prior Board Order in PCB 79-251 Sparton ~a~-i
    to have ceased the use of its water treatment lagoon by June 15,
    1981. Sparton alleges it was unable to do so due to the last
    minute refusal of the City of Flora, Illinois to receive and treat
    Sparton’s effluent in their treatment plant and that Spartori is,
    therefore, not responsible for the ten day delay in compliance.
    Sparton requests that the Board either find that the original
    Order was extended as a matter of law pursuant to a paragraph in
    the Order forgiving noncompliance if such noncompliance is due to
    federal, state or local inaction or regulation or, in the alter-
    native, to grant Sparton a retroactive variance for the ten day
    period. The Illinois Environmental Protection Agency (Agency)
    recommends denial of the variance alleging that the hardship to
    Sparton
    was self—imposed.
    The record generally indicates confusion with respect to the
    pretreatment requirements expected by Flora of Spartan before
    discharge into Flora’s treatuent plant.
    The last minute refusal
    43—309
    2
    of Flora to receive Sparton’s discharge appears to be due mostly
    to misunderstanding between the parties. The Board finds that
    Sparton had been depending upon its agreement with Flora in good,
    if somewhat misguided, faith. Nevertheless, the Board finds
    that
    a person of normal prudence would have attempted to solidify its
    agreement somewhat in advance of the date of final compliance in
    order to allow time for the development of an alternative. In
    this case, however, with the benefit of hindsight the Board rieea
    not determine the variance issue. The Board finds that the ten
    day delay in compliance is de minirnis and that Spartan is in
    substantial compliance with the Board’s Order. The Board will,
    therefore, dismiss the variance petition as unnecessary.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that Sparton
    Manufacturing Company’s petition for variance in PCB 81—87 be and
    is hereby dismissed as unnecessary.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify, that the above Opinion and Order was
    adopted on the 3,~,Jdayof
    _______
    1981 by a vote of
    ..~.
    christan L. Moffett, ~erk
    Illinois Pollution Control Board
    43—310

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