ILLINOIS POLLUTION CONTROL BOARD
May
10,
1990
SCOTT AIR FORCE BASE,
Petitioner,
V.
)
PCB 88-69
(Variance)
ILLINOIS E~VIRONNENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by
3.
Anderson):
On April
12,
1990, the Board issued an order stating that
it construed an April
2,
1990 Request for Extension of Variance
Petition for Scott Air Force Base Waste Water Treatment Plant
filed by Scott Air Force Base
(“Scott”)
on April
2,
1990,
as
a
motion for extension of variance,
but that it was unable to
determine whether the Illinois Environmental Protection Agency
(“Agency”)
was served with
a copy of the request.
The Board,
therefore,
requested the Agency to respond and to
file such
response on or before April
24,
1990.
Scott filed an amended
request with the Board on April
24,
1990.
In this filing,
Scott
requested a further extension of its variance until July
31,
1990.
Scott,
in both requests,
cited construction problems,
the
inability to operate key pieces of equipment during the
construction process, and other operational problems
as some of
the reasons for the plant not running at the capacity necessary
to meet the conditions set forth
in its NPDES permit.
The Agency filed an Agency Response to Petitioner’s
r~1otion
for Variance Extension on April
24,
1990.
In its response,
the
Agency stated that although Scott’s request should be docketed as
a new petition for variance rather than a motion because the
request for extension was made over thirty days after the
expiration of the prior variance,
it would respond as
if the
request were
a proper motion.
The Agency then stated that,
based
upon its inspections of the facility,
it had no objection to the
extension
of Scott’s variance to July
31,
1990.
Upon reconsideration,
the Board reaffirms its decision to
treat Scott’s request as a motion
for extension
of variance.
In
so saying,
the Board notes that it agrees with the Agency that
requests for extensions
of variance should be made before the
termination of the prior variance.
The Board has made an
exception
in this case,
however, because the duration of the
extension
is unusually short and
it is
in the interest of
administrative
economy.
The Board intends to act on the merits
of this matter shortly.
IT IS SO ORDERED.
11
~
2
Board Member
3.
Dumelle
concurs.
I,
Dorothy M.
Gunrt, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
/~~-
day of
~777a~~
,
1990,
by a vote of
7
-
C
.
Dorothy
M.
Gunn,
Clerk
Illinois ~Pollution Control Board
Ii. 1-10