ILLINOIS POLLUTION CONTROL BCAPD

January

8,

1987

THE

MATTER

OF:

)

R86—25

PETITION

FCR

SITE—SPECIFIC

RULE CHANGE FOR THE

VILLAGE OF TILTON

ORDER OF THE BOARD

(by

 3. Marlin):

This

matter

 comes before

 the Board

on

 a Motion

 to Dismiss

Amended Petition

 for Site Specific Rule Change filed by the

Illinois

 Environmental Protection Agency

 (Agency)

 on December

17,

1986.

 The Agency asserts

 that the Amended Petition

 for Site

Specific Rule Change

 (Amended Petition)

 filed

 by the Village

of

Tilton

 (Tilton)

 is substantively deficient and should

be

dismissed by the Board.

 In support of

 its position, the Agency

relies upon

 the information requirements of the Eoar~’sProposed

Procedural Pules.

The

 Board agrees with the Agency’s position

that the

Board

 cannot enforce regulations which have not yet been

adopted.

 However,

 the Board

 also finds

 that the petition

is

deficient according to regulations presently in force.

 The Board

denies

 the Agency’s Motion

 to Dismiss and orders

 Tilton

to

 file

a

second

 amended petition.

By

 its Crder

 of Cctober

 23, 1986,

 the Board

 ordered

the

Tilton

 to amend

 its petition

 in accordance with the existing

petition reouirements as

 set forth

in

35

 Ill.

 Adm.

 Code

102.120.

 On November

12,

 1986, Tilton filed

 its Amended

Petition.

In

 its Amended

 Petition, Tilton

 supplied

 the Board

with language of the proposed regulation which

 had been lacking

in Tilton’s original petition.

 However,

 Tilton

 still

 has not

properly addressed “factors as

 listed

 in Section

27

 of the

Environmental Protection Act” as

 is required

by

35

 Ill.

 Adin.

 Code

102.120(b).

 Among

 these

 factors,

 the Board

 is particularly

interested

in

 substantive information

on

the

 water quality and

flow of the unnamed creek

 into which Tilton

 is discharging

its

sewage treatment plant effluent.

 In addition, the Board

is

requesting

 that Tilton provide

 a map which identifies

the

facility,

 receiving waters,

 and surrounding

 features which

are

relevant

 to this proceeding.

 The Board hereby orders Tilton

to

file

 a second amended petition, consistent with the requirements

of this Order, within

 45 days of

 the date of this Order.

 In the

event

 that Tilton fails

 to file within

 this time period,

 this

matter will

 be subject

 to dismissal.

IT

IS

 SC CREEPEr.

74-523

2

I, Dorothy

M.

 Cunn, Clerk

 of the Illinois Pollution

 Control

Board, hereby certify

 at the above Order was adopted on

the

 ~S~i~Zday of

_______________,

 1987, by

 a vote

of

____________________

Dorothy M./~unn,Clerk

Illinois Pollution Control Board

74-524