ILLINOIS POLLUTION CONTROL BOARD
February 17, 2000
THREE COUNTY PUBLIC
WATER DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 00-114
(Variance - Water)
ORDER OF THE BOARD (by R.C. Flemal):
On January 20, 2000, the Board found petitioner’s petition for variance did not comply
with 35 Ill. Adm. Code 104.122, and granted petitioner 45 days in which to file an amended
petition. Petitioner filed an amended petition on February 7, 2000, which complies with 35 Ill.
Adm. Code 104.122.
Also on February 7, 2000, petitioner filed a request for expedited decision, which the
Board treats as a motion for expedited decision. Petitioner explains that it received a grant from
the Illinois Department of Commerce and Community Affairs (DCCA) to spend on a water
main expansion project. The grant must be used before March, 2001. Therefore, petitioner
argues that failure to receive a variance within 30 days of filing the amended petition would be a
severe and undue hardship and place the DCCA grant in jeopardy.
On February 14, 2000, the Environmental Protection Agency filed its recommendation
that the Board grant the variance, subject to certain conditions.
The Board grants petitioner’s motion for an expedited decision consistent with the
Board's resources and decision deadlines.
IT IS SO ORDERED.
Board Member M. McFawn dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 17th day of February 2000 by a vote of 5-1.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board