ILLINOIS POLLUTION CONTROL BOARD
    October 28,
    1971
    CITY
    OF FLORA
    V.
    )
    #
    71—268
    ENVIRONMENTAL PROTECTION AGENCY
    Preliminary Oninion
    (by Mr.
    Currie)
    The City of Flora petitioned
    us for a variance to permit
    the bypassing of incompletely treated sewage during maintenance
    and repair of
    its treatment facilities.
    We authorized
    a hearing,
    bearing
    in mind our prior decisions, Springfield Sanitary District
    v.
    EPA,
    #
    70-32
    (January
    27,
    1971);
    Citizens Utilities
    Co.
    v.
    EPA,
    # 71-125
    (August
    13,
    1971)
    to
    the effect that maintenance should
    be performed without causing pollution;
    the effluent standards
    are not to be met only part time.
    See
    also EPA Technical Policy
    20-24
    (revised July,
    1971), Section III,
    providing that treat-
    ment facilities “shall be capable of satisfactory operation during
    emergencies resulting from
    .
    maintenance shutdown.”
    A hearing
    was scheduled for November
    24.
    The Agency has recommended that the variance be granted,
    on condition that no inadequately treated sewage be bypassed,
    stating
    that the plant is so constructed that adequate treatment
    can be afforded during maintenance and that
    the City plans
    to conform
    with this condition.
    The City
    has asked that on the basis of
    the recommendation we dispense with
    the hearing in order
    to permit
    the maintenance to be done before winter makes
    it impracticable.
    We have not had time
    to hear the Agency’s response.
    The
    recommendation states that neighbors have been interviewedand
    have
    no objection to the variance;
    if we read
    the various communications
    correctly,
    there
    is no dispute
    as to either facts or appropriate
    disposition;
    on these assumptions
    no hearing would be necessary.
    We therefore today announce our intention, absentobjection
    by the parties,
    to enter
    the following order Monday,
    November
    1,
    granting permission
    to perform the proposed maintenance on the
    conditions suggested by the Agency.
    Any objections
    by either
    party may be presented before
    the Board November
    1 in its meeting
    in
    its office
    in Chicago.
    I,
    Christan Moffett, Acting Clerk
    of the Pollution Control Board,
    certify that the Board adopted
    the above Pre1imin~ryOpinion this
    28
    day of October,
    1971,
    ~
    ~•.:
    //
    )
    ~i
    —
    735

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