ILLINOIS POLLUTION CONTROL BOARD

June

28,

1977

THE

VILLAGE OF SAUGET,

)

Petitioner,

v.

)

PCB 77—136

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

The

Environmental

Protection

Agency

(Agency)

has

filed

a

motion

to dismiss the Petition of the Village of Sauget for a variance from

Rules 404(b)(i),

408,

409(a),

901 and 902(j) (5)

of Chapter

3:

Water

Regulations.

The motion is granted as to Rules

901 and 902(j) (5).

Sinqe the Illinois NPDES program has not yet been approved by the

U.S. Environmental Protection Agency, Part IX of Chapter

3:

Water

Regulations

is not in effect and the Pollution Control Board

lacks

jurisdiction to grant

a variance from its provisions.

The motion is

denied as to Rules

404(b) (i),

408 and 409(a).

The Agency’s second motion for an extension of time to file its

Agency Recommendation until July 15,

1977 is granted.

IT IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution Control

Board,

hereby certify the above Order was adopted on the

‘~j

day

of

,

1977 by a vote of

~/_~)

~i~’

r~W—~uI

~

Christan L.~Moff~*,Cl~rk

Illinois Pollution Control Board

26-89