ILLINOIS POLLUTION CONTROL BOARD

April

21, 1983

CITIZENS CONCERNED FOR THE QUALITY

)

OF LIFE IN THE LOCKPORT AREA,

)

)

Complainant,

)

v.

)

PCB 79—28

)

CITY OF LOCKPORT,

)

)

Respondent.

ORDER OF THE BOARD

(by

J.D,

Dumeile):

On April

8,

1983 the City of Lockport filed a petition for

Board approval

of a facilities plan pursuant to the Board’s

May 15,

1980 Order in this matter

(38 PCB 249) which required

Lockport to complete Step

2 and Step

3 of its construction grant

program,

to submit a facilities plan, to implement it, and upon

Board approval of the plan, to abate pollution.

A hearing was

requested for Board approval.

Pursuant to Section 4 of the Environmental Protection Act,

the Illinois Environmental Protection Agency

(Agency), not the

board,

is designated as the water pollution agency for the State

for all purposes under the Clean Water

Act, which establishes the

construction grants program.

Therefore, the Board is without

jurisdiction to rule upon an Agency determination of the

acceptability of a facilities plan.

The references in the May

15,

1980 Order

to Board approval

of the plan are merely a matter of

form.

Board approval

of a

facilities plan is dependent solely upon Agency approval.

Board

approval was required simply to establish a date

in the record

upon which the abatement order becomes effective, thus invoking

Section 46(a)

of the Act requiring the acquisition or construction

of the necessary facilities,

Since the petition fails to allege the Agency’s determination

as to the acceptability of the facilities plan,

the Board is

without the necessary information on which to base any determination.

The petition is,

therefore, dismissed.

IT IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certif

that the above Order was adopted

on the

day

of

__________________________

1983

by a vote of

~/t~

Clerk

Illinois Pollution Control Board