ILLINOIS POLLUTION CONTROL BOARD
    November
    1,
    1979
    CITY OF CARMI,
    Petitioner,
    v.
    )
    PCB 79—223
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    On October 24,
    1979 Petitioner requested
    a variance
    from Rule
    962(a) of Chapter
    3: Water Pollution to allow the
    connection of
    a sewer extension for a 50 unit apartment
    complex.
    The Petition is deficient in several respects.
    First, the First United Methodist Church is not listed as a
    Petitioner,
    even though it is the entity which apparently
    needs relief.
    Second, the Petition does not identify the
    receiving waterway as required by Procedural
    Rule 401(a)(4).
    Third,
    the Petition does not indicate the extent to which
    Petitioner is presently unable to comply with the Board’s
    Water Pollution Rules as required by Procedural Rules
    401(a)(5).
    Fourth,
    the Petition does not disclose
    a timetable,
    with attendant costs,
    by which Petitioner will come into
    compliance with the Board’s Water Pollution Rules as required
    by Procedural
    Rule 401(a)(6).
    Fifth,
    the Petition does not
    assess the environmental impact that a variance would have
    on the receiving waterway as required by Procedural Rule
    401(a)(7).
    Sixth,
    the Petition does not list Petitioner’s
    past efforts toward compliance,
    including Petitioner’s
    construction grant status,
    as required by Procedural Rule
    401(a)(8).
    Seventh, the Petition does not include an analysis
    of any alternatives which may be available as required by
    Procedural Rule 401(a)(9).
    Eighth,
    the Petition does not
    disclose what interim measures may be undertaken to minimize
    any adverse impact a variance may have as required by Procedural
    Rule 401(a)(10).
    Ninth,
    the Petition does not indicate
    whether a hearing
    is requested or waived as required by
    Procedural
    Rule 401(b).
    Tenth,
    the Petition does not indicate
    the relative timing between the First United Methodist
    Church’s application for funding and the Agency’s imposition
    of restricted
    status, which would demonstrate whether Petitioner’s
    hardship was self—imposed, as required by Procedural Rule
    401(c).
    36—57
    Consequently this matter is hereby dismissed without
    prejudice.
    Petitioner may refile
    its request with the
    additional
    information noted here if it
    so desires.
    IT IS SO ORDERED.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on
    the
    ______
    day of
    ~
    ,
    1979 by a vote of
    C~~L.Moffet~
    (P~P
    ~1
    Illinois Pollution Control
    Board
    36—58

    Back to top