ILLINOIS POLLUTION CONTROL

BOARL)

September

20,

1985

J~NTHE MATTER OF:

PETITION OF

IT? OF PANA FOR

)

R84-44

SITE sPEç~~cRELIEF FROM

IHOSPW~1~X)US13?GULATIONS

01R)ER OF THE BOARD

(by

3.

Marlin):

On August

1,

1985 the City of Pana

(Pana)

filed

a motion

to

stay

this proceeding.

The reason given

is that the Illinois

Fnvironmental Protection Agency (Agency)

represented at the end

of

the hearing held in Pana,

Illinois

on April

9,

1985 that it

would be reviewing the

1 mg/i phosphorous effluent standard

of

35

Ill. Adm.

Code 304.123

(Tr.

99—105).

The Agency filed

its

response

on August

22,

1985 stating that

it would conduct

a

review of

the phosphorous discharge limitations and would submit

its findings to the Board by January

1,

1986.

The Board hereby denies the motion to stay for two

reasons.

First, the Board frowns on keeping dockets open

for

Long periods of

time,

especially when

an alternate relief

mechanism

is available.

The variance process

is available to

Pana.

Second,

the Agency

in

its response has not stated that

it

would file

a proposal for regulatory change,

only that

it

would

submit comments.

Even

if

a proposal were filed,

such proceeding

could

take one to two years

for completion.

Furthermore,

page

5

of

the petition appears

to ask for regulatory relief or

alternately, regulatory relief in the

form of a variance.

Even

assuming that Pana meant

for

its submission to stand as ~

petition for variance,

it

is

insufficient

in

content.

Therefore,

Pana must consider whether

it

wants

to proceed

with

the site—specific proceeding on the merits of the record.

Alternatively,

it

could seek to voluntarily dismiss the action

or

seek dismissal and pursue relief through the variance process.

Unless Pana informs the Board of

its intentions

in writing within

thirty days of the date of this Order,

this proceeding will

be

subject to dismissal.

IT

IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that

the a

ye Order was adopted

on

the

~

day of

_____________________,

1985 by

a vote

of

__________.

~

~

L

-

Dorothy

M. ~unn, Clerk

T1~jfl~j~

Pollution Control Board