ILLINOIS POLLUTIOLN CONTROL

BOARD

September 15,1977

VERMONT

SANITARY DISTRICT,

)

Petitioner,

v.

)

PCB

77~135

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent

OPINION AND ORDER

OF

THE BOARD

(by Dr~Satchell):

On May

16,

1977

Petitioner

flied

a variance

petition

requesting

relief from

the dissolved oxygen

water

quality

restriction

of Rule 404(c)

(iii)

CD)

Petitioner~s

sewage

treatment plant was completed in

the fall of

1976,

On

July 25, 1977

the Environmental Protection Agency

(Agency)

filed a variance recommendation

in this matter.

The Agency

recommends that the

petition be dismissed without prejudice

as being premature.

The Agency states that Petitioner has

not presented any

data or established by other

means that

this relief

is necessary or that the application

of the

standards would

result

in

an arbitrary or

unreasonable

hardship.

Furthermore,

in the Agency~sresponse

(filed

September

6,

1977)

to Petitioner~sresponse

(filed August 17,

1977)

the Agency has

indicated that

release

of

grant funds to

Petitioner i~not

predicated on this exemption

(p.

2),

The

Agency intends

to

conduct a biological survey

on

Otter Creek in

the late fall to

coincide with low flow

conditions

to reflect

the condition of

the stream after several

months of discharge

by Petitioner~s

sewage treatment plant.

The

Agency feels that

after this survey

and monitoring of

the

discharge by Petitioner

that the Board and

the Agency will be

in

a better position to

assess the environmental

impact of this

discharge.

The Board

agrees that

the petition does not provide any

showing

that the

relief is necessary.

Considering the

presented

situation the

Board will dismiss

this variance petition without

prejudice.

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 the

variance

petition

of

the Vermont Sanitary District

asking

---

—2--

relief from Rule 404(c) (iii) (D)

of Chapter 3: Water

Pollution Regulations

is hereby dismissed without prejudice.

I, Christan

L. Moffett, Clerk of the~Il1inoisPollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

________

day a

vote of

Illinois Polluti

2&-640--