ILLINOIS POLLUTION CONTROL BOARD
    January
    18,
    1996
    CITIZENS
    UTILITiES COMPANY
    )
    OF ILLINOIS,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 85-95
    )
    (Variance
    -
    Water)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER
    OF THE BOARD (by C.A. Manning):
    This
    matter
    is before the Board
    on a motion
    to dismiss
    filed by Citizens Utilities
    Company ofIllinois
    (Citizens) on
    January
    12,
    1996.
    Citizens states
    it has reached a
    settlement agreement with the USEPA in a related federal enforcement action resulting in
    issuance
    by the Illinois Environmental Protection Agency (Agency) ofa revised NPDES
    permit covering Citizens West Suburban Waste Water Treatment Plant No.
    1 located in
    the Village ofBolingbrook.
    Citizens states that the Agency’s issuance of the permit
    renders moot this variance and related-rulemaking, R81-19,
    (which the Board today
    is,
    also dismissing
    at the request of Citizens).
    We note that a formal motion to dismiss is not
    necessary in this case as
    the Board
    granted Citzens
    permanent variance relief from
    35111. Adm. Code Section
    302.206,
    304.120(c), 304.301
    and 304.105 in a final opinion and order ofthe Board dated January
    20,
    1994
    which closed the docket.
    However, the Board,
    pursuant to appellate court
    remand in
    Citizens Utilities Company ofIllinois v. Pollution
    Control
    Board,
    134
    111.
    App.
    3d 111(3rd Dist.
    1985) and 213
    Ill. App. 3d 864 (3rd Dist.
    1991) further provided that
    Citizens is entitled to automatic extensions of the variance protection until such time as
    R81 -19 is ultimately resolved.
    We understand that Citizens
    is now coming
    before the
    Board to clarif~ythat no extensions of the variance in PCB
    85-95
    are being sought and that
    based
    on the Agency’s issuance ofthe NPDES permit, variance relief is no
    longer
    required.
    The motion to dismiss
    is denied
    as moot.
    ITIS
    SO
    ORDERED.
    2
    I, Dorothy M. Gumi, Clerk of the
    Illinois
    Pollutio
    ontrol
    Board,
    hereby
    certli~,’
    that
    the above order was
    adopted on
    the
    ~
    dayof
    ,
    1996, by a
    voteof
    7
    C
    .
    //
    Dorothy M. Gu
    ,
    Clerk
    Illinois Pol1utid~/ControI
    Board

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