ILLINOIS POLLUTION CONTROL BOARD

November

1,

1979

CITY

OF STERLING,

Petitioner,

v.

)

PCB 79—169

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

On August 21, 1979 Petitioner filed for a variance

from

the limitations for cyanide

in its NPDES Permit No.

IL0031259

until

March

31,

1980 or until Lawrence Brothers,

a metal

plating industry, has

a pretreatment system on line and

operational.

The Agency has noted informational and technical

deficiencies

in the petition and recommends that the petition

be denied.

No hearing was held.

In its Recommendation of October 16,

1979,

the Agency

stated that sufficient information has not been supplied by

Petitioner to enable the Agency and the Board to address the

substantive merits of Petitioner’s request.

Petitioner does not describe the quantity and types of

materials used in the process or activity for which the

variance

is requested.

Nor is a full description of the

particular process or activity given in which the material

is used as required by Board Procedural Rule 401(a)(3).

Data are not provided describing the extent of cyanide discharge

in excess of permitted

limits (other than approximately 50

of the time)

as required by Rule 401(a)(5).

An assessment,

with supporting

factual information as to environmental

impact of the variance required by Rule 401(a)(7) has not

been included,

Furthermore,

no interim discharge limitations,

compliance monitoring

or enforcement schedules,

or any other

specific measures to be taken during the period of variance

have been described,

The City merely stated that

it would

require

the industry to operate

its present pretreatment

facilities

as effectively as possible.

The requisite description

of specific measures to be taken during the period of variance

which should include specific performance timetables and

standards to be imposed on Lawrence Brothers,

Inc. by Petitioner

has been omitted,

The Agency further notes that an ascertainable time

limit

for relief has been omitted.

Board Rule 401(a)(1)

requires

“a clear and complete statement of the precise

36—45

---

extent of the relief sought”.

The requirement is not met by

Petitioner’s statement that the variance relief is

to continue

“until March

31,

1980,

or until Lawrence Brothers’ new

pretreatment system is on line and operational.”

Although the Agency has recommended that the Petition

for Variance he denied for failure to include sufficient

information,

the Agency suggested

as an alternative that the

Board order Petitioner to amend its Petition to include the

needed

information.

Section 38 of the Environmental Protection Act states

that the Board

is to take final action upon a variance

request within

90 days after the filing of the petition.

Since Petitioner could not reasonably

be expected to amend

its petition within the period of time remaining, the Board

will dismiss this action and grant leave to re—file.

Should

any new proceedings be instituted, Petitioner is urged to

include Lawrence Brothers,

Inc.

as co—petitioners.

This

Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that

Petitioner’s request

for a variance from the limitations

for

cyanide in its NPDES Permit No. IL0031259

be dismissed

without prejudice.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby ce~ti~ythe above Opin

n and 0 der

were adopted on the

,‘

/~~—

day of

________________

1979 by a vote of

i~-

0

_____

Illinois Pollution

Board

36-46