ILLINOIS POLLUTION CONTROL BOARD

April 4, 1985

CITY OF ROOPESTON,

)

)

Petitioner,

)

V.

)

PCB

85—36

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent,

ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board upon a March 25,~ :~985

filing of a variance petition by petitioner requesting riance

from 35 Iii. Adm. Code 306.304. The petition is deficient in the

following respects;

1) fails to allege an arbitrary or unreasonable :ha~:behip

(Section 104.121(k);

2) fails to provide the Board with sufficient data ~ to

total annual flow that is being bypassed and tho total

annual amount of BOD and TSS being bypassed;

3) fails to address whether the grant of variance ~cn1d be

consistent with federal law (Section 104.122);

4) although page 6 of

the petition mentions that ti~~bypass

is to the main drainage ditch and then to the Nc,±hFork

of the Vermilion River, it fails to clearly

ide;~

~Ey the

receiving waterway(s) of the wastewaEer treatme~: olant

discharge; and

5) fails to indicate whether its requested Septerrtb~: 1989

deadline is consistent with the Clean Water Ac~cir:.ad1ine

of July 1, 1988 (33 U.S.C. 1311(b).

Furthermore, while the pet~itton requests relief unt

approximately September 1989

~‘

the Board notes that the :~n&ra1

and, consequently state deadline for secondary treatment

compliance is

July 1,

1988,

Unless the petitioner tiles an amended petition

c~L~:L~Lc;

the

above defects within 45 days of the date of this Order~

petition will be subject to dismissal.

IT IS SO ORDERED.

63-335

---

2

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

Board, hereby certify that the above Order was adopted on

the

_________________

day of

I

,

1985 by a vote

of

4~4~4

~

Dorothy M. cgunn, Clerk

Illinois Pollution Control Board

63-336