ILLINOIS POLLUTION CONTROL BOARD

December 20, 1990

CITY OF MT. VERNON,

)

Petitioner,

v.

)

PCB 90—228

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On December 7, 1990, the City of Mt. Vernon filed a petition

for variance for its water treatment plant located in Mt. Vernon,

Illinois. That petition is deficient in that it fails to

provide:

1. A clear and complete statement of the precise extent of

the relief sought, including specific identification of

the particular provisions of the regulations or Board

Order from which the variance is sought, as required by

35 Iii. Adm. Code 104.121(a).

In this regard Mt. Vernon seems to request relief from

the consequences of restricted status found at 35 Ill.

Adm. Code 602.106, yet seeks relief from the

substantive health standards of Section 604.202 and

604.203. The Board questions whether Mt. Vernon’s

request might be more appropriate as a variance from

Section 602.106;

2. A detailed description of the existing and proposed

equipment or proposed method of control to be

undertaken to achieve full compliance with the Act and

regulations, including a time schedule for the

implementation of all phases of the control program

from initiation of design to program completion and the

estimated costs involved for each phase and the total

cost to achieve compliance, as required by 35 Iii. Adm.

Code 104.121(f).

Mt. Vernon has failed to provide a copy of the Agency

issued permit or to provide the Board with information

on the character and timing of the improvements in

water quality expected as a result of the construction.

117— 165

---

3. A concise factual statement of the reasons the

petitioner believes that compliance with the particular

provisions of the regulations or Board Order would

impose an arbitrary or unreasonable hardship, as

required by 35 Ill. Adm. Code 104.121(k).

In particular Mt. Vernon has failed to describe what

construction projects would not be allowed if

restricted status would remain in place.

4. A statement of consistency with federal law as required

by 35 111. Adm. Code 104.122.

Specifically a statement as to whether the Board could

grant relief from the substantive health standards of

Section 604.202; and

5. A request for hearing on the petition if desired by

petitioner, or, in the alternative, a statement waiving

a hearing accompanied by such affidavits or other proof

in support of the material facts alleged in the

petition as the petitioner may submit, sufficient to

enable the Board, if it so decides, to rule upon the

petition without hearing, as required by 35 Ill. Adm.

Code 104.124.

In addition, Mt. Vernon fails to provide a termination date

for expiration of the requested variance. Unless an amended

petition is filed within 45 days of the date of this Order,

curing the above—noted defect(s), this matter will be subject to

dismissal. The Board notes that for purposes of calculation of

the decision deadline pursuant to Section 38 of the Act, the

filing of an amended petition will restart the Board’s 120 day

deadline.

IT IS SO ORDERED.

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

Board, hereby certi y that the above Order was adopted on the

~oZL

day of

________________

,

1990, by a vote of

~z 4(0 ~

lution Control Board

(

Illinois

-

117— 166