ILLINOIS POLLUTION CONTROL BOARD

February

22,

1972

THE CITY OF FAIRFIELD

v.

)

PCB 72—58

ENVIRONMENTAL PROTECTION AGENCY

OPINION OF THE BOARD

(by Mr,

Richard

J. Kissel):

The City of Fairfield

(“Fairfield’)

filed

a variance petition

with

the Board on February

14,

1972.

Fairfield seeks

a variance

from Paragraph Eight of

SWB—l4.

That regulation would require

that Fairfield’s sewage treatment facility produce an effluent of

4 mg/l BOD5 and

5 mg/i suspended solids by

July,

1972.

Fairfield

indicates that its plant will be in compliance by January,

1973.

On its

face,

the variance petition is insufficient since

it fails

to indicate why the project has been delayed.

Paragraph

7

of

the petition indicates that Fairfield authorized its engineering

firm to prepare

a preliminary engineering report on the sewage

treatment facility on February

3,

1970.

Authorization to proceed

with

final plans

and specifications, however,

was not given until

December

22,

1971

--

a gap of almost two years.

Under normal circumstances,

the Board would dismiss such

a

petition

for failure

to allege

the basis

of the delay.

Since this

case does concern

a municipality which has apparently been acting

in good

faith,

we will not dismiss this petition.

Rather,

the

City of Fairfield will

be given an additional

twenty

(20)

days

within which to file an amended variance petition detailing the

reasons

for the

de ay.

I, Christan

L. Moffett,

Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion and Order this

~/‘2

of February,

1972 by

a vote of

~

3

—

683