ILLINOIS POLLUTION CONTROL BOARD
    September
    8,
    1983
    CITY OF CENTRALIA,
    Petitioner,
    v.
    )
    PCB 83—103
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On August
    15,
    1983,
    the Agency moved to dismiss this
    petition, filed August
    1,
    1983.
    The basis for the motion is
    twofold:
    various alleged informational deficiencies, and
    Centralia’s request that the Board “intervene”
    in the dispute
    between the Agency and the City concerning whether the City’s
    choice of rotating biological contractors
    (RBC) meet various
    requirements for funding
    in the construction grants program.
    The City filed a response August 26, 1983.
    The Agency’s motion to dismiss is denied.
    However,
    the
    Agency is correct that Section
    4 of the Environmental Protection
    Act has given it exclusive authority to administer the federal
    construction grants program.
    Therefore the RBC dispute is
    inappropriately before the Board, and that portion of the
    petition is stricken.
    The Agency is also correct that the petition, even though
    it incorporates the record in PCB 82—98, does not address the
    information requests contained
    in 35
    Ill. Adm.
    Code 104.121
    (d—k) as fully as
    is desirable.
    The Board notes,
    however, that
    this deficiency may in part stem from the fact that the petition
    does not specifically either reaffirm or .update the “old”
    information in the previous petition.
    Finally,
    the Board notes
    that the City has requested
    a hearing on this petition,
    but
    questions whether the City still wishes to proceed to a hearing,
    given the Board’s decision on its inability to deal with the
    RBC grant eligibility question.
    54-35
    2
    To clarify all of these matters, the City is ordered to
    file an amended petition addressing the noted deficiencies and
    the hearing request issue within 45 days of the date of this
    Order,
    or this petition will be subject to dismissal.
    IT IS SO ORDERED.
    Board Member D.
    Anderson dissented.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control B~rd,hereb
    certify that the above Order was adop,ed
    on the
    ~
    day of ~dL~rp~3~t.&)
    ,
    1983 by a vote of
    ______
    (~4v~L~
    i~
    ~
    Christan
    L.
    Moff t
    ,i\
    Clerk
    Illinois Pollution ~ntrol
    Board
    54-36

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