ILLINOIS POLLUTION CONTROL BOARD

April 10, 1986

CITY OF DIXON,

)

)

Petitioner, )

v.

)

PCB 85-217

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD (by J. Anderson):

This docket was initiated upon the December 30, 1985 filing

of what was captioned as a joint petition seeking an extension to

the December 31, 1985 deadline contained in 35 Iii. Adm. Code

306.373 for the filing of petitions for exceptions to the

combined sewer overflow (CSO) regulations.

By Order of January 9, 1986, the Board determined that as a

matter of procedure this request, would be more appropriately

handled as a petition for variance from Section 306.373. The

Board directed the City to file an amended petition within 45

days.

The amended petition was filed with the Board on February

4. If deadlines for actions required by the Act and procedural

rules were computed from that date, citizens objections/requests

for hearing would have been due February 25 pursuant to Section

37(a), the Agency’s Recommendation would have been due March 6

pursuant to 35 Ill. Adm. Code 104.180, and the Board’s decision

in this matter would have been due in 120 days, June 4 pursuant

to Section 36(c).

However, it appears that the petition was not filed with the

Agency at the same time it was filed with the Board as required

by Section 37(a) of the Act. By filing of March 31, the Agency

states that it did not receive the petition until March 24.

Under these circumstances, and particularly where citizen

participation rights could otherwise be completely frustrated,

the Board must construe all time periods as commencing on the

date that the service on both the Agency and the Board required

by Section 37(a) was completed: March 24. Accordingly,

objections are due on or before April 14, ‘the Agency’s

Recommendation is due on or before April 23, and the Board’s

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decision is due on or before July 22. The Board will, however,

endeavor to decide this matter as close to the June 4 date as is

practicable, assuming timely receipt of filings.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the ~,/~-~Z-’day of _________________________, 1986, by a vote

of ~7~Q

.

~,Z27.

Dorothy M./~unn, Clerk

Illinois Pollution Control Board