ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March 24,
    1983
    .
    DEPARTMENT OF THE
    ARMY,
    )
    Petitioner,
    )
    V.
    )
    PCB 83-25
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On February 28,
    1983 the Department of the Army filed a
    petition for variance from the (presumably) water quality
    standards for “ammonia nitrogen, unnatural turbidity, dissolved
    oxygen,
    and other pollutants which have not been shown to pose
    severe environmental
    or human hazard”
    (Pet.,
    p.
    2).
    The Army
    Corps of Engineers seeks
    a five—year variance
    in order to allow
    for bankline or open water disposal of sediment dredged from
    “the entire Illinois Waterway between miles 80.2 and 230.2”
    (Ibid.’)
    (as opposed
    to
    otherwise required confined, upland
    disposal of such materials.)
    Generally speaking, the Army would appear to be seeking
    a “pass” for any dredging-related disposal actions
    it cares to
    take in a 150 mile river stretch within the next five years.
    The Board is incapable of granting such a non—specific “sweeping”
    variance, particularly based on the sketchy information provided.
    This petition fails to address, with specificity,
    the
    informational requirements of 35
    Ill. Mm.
    Code 104.121 and
    104.122, and fails to contain the unconditional hearing request
    or waiver
    (accompanied by affidavit)
    required by Section 104.124.
    More particularly, the petition specifically requests that
    “bankline or open water disposal
    of dredged material be allowed
    at all sites except where predredging on—site—inspection
    (sic)
    shows other procedures to be cost—effective and environmentally
    sound.”
    The Board notes that the petition does not indicate
    where, in the next five years
    along a 150 river mile stretch,
    the Army anticipates performing dredging and subsequent bankline
    or open water disposal activities.*
    The petition contains no
    plan for ultimately achieving compliance
    at such locations
    in
    the event that variance is granted.
    *The Board notes that the petition as submitted would
    require the Agency, pursuant to Section 37(a) of the Act,
    to
    give notice of this petition to the legislators representing,
    and the citizens of some 22 counties.
    51-365
    2
    As to arbitrary or unreasonable hardship,
    while general
    costs of confined upland disposal are alleged,
    no results
    of
    investigation of compliance alternatives are presented.
    If an amended petition remedying these deficiencies
    is
    not filed by the Army within 45 days of the date of this Order,
    this petition
    will be subject
    to dismissal.
    IT IS SO ORDERED.
    I,
    Christan
    L,
    Moffett, Clerk of the Illinois Pollution
    Control Bp,~rd,hereby certify that the above Order was
    ad1çpted
    on the
    cj~I~
    day of
    ~
    1983 by a vote of ~S—0
    Illinois Pollution
    lerk
    trol Board
    51-366

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