ILLINOIS POLLUTION CONTROL BOARD

January

8,

1976

VILLAGE OF SAUGET,

Petitioner,

v.

)

PCB 74—379

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman)

On December 15,

1975,

the Environmental Protection Agency

(Agency)

filed

a Motion

to Dismiss as moot the Petition for Variance filed in

the above—captioned matter on October

24, 1974.

On December 22,

1975,

Petitioner informed the Pollution Control Board

(Board)

of its con-

currence in the Agency’s Motion.

A hearing was held in this matter in Sauget,

Illinois, on

June

16,

1975.

Petitioner sought

a variance from Rules

404(b) (i)

and

409 of the Water Pollution Regulations

(Chapter

3)

.

On July

17,

1975,

the Board adopted an amendment to Rule 409 which extended the compliance

dates of certain Chapter

3 Rules,

including Rule

404(b) (i)

which were

required to be met on December

31,

1973 or December

31,

1974.

The

extension is to July

1,

1977 and applies

to any discharger

to the water

of the state who

is or will be eligible for a construction grant under

Section

201(g) of the Federal Water Pollution Control Act Amendments

of 1972

(FWPCA)

and has filed an application for such grant on or

before December

31,

1975.

The Agency’s Motion to Dismiss indicates that on January

6,

1975,

the Director of the Agency informed the Petitioner,

the

City of East St.

Louis and the East Side Levee and Sanitary District

that the Agency would consider their grant eligible for purposes

of

Section 201(g)

and thereby protected by Rule 409 of Chapter

3 if

a “lead agency” was selected and agreed to proceed with the Step

I

grant application.

The Petitioner and the other entities selected

St. Clair County

to act on their behalf as lead agency for Step

I grant

purposes.

The County agreed and filed the proper application with

the United States EPA.

The United States EPA has approved

a Step

I

grant and has offered $451,800 to

St. Clair County

as lead agency

for the Petitioner and other entities.

---

(2)

The Agency’s Recommendation,

filed on December

9,

1974,

alleged

that Petitioner was not grant eligible under Section 201(g)

of the

FWPCA and,

therefore,

Rule 409 did not apply to Petitioner.

However,

with the selection of

a lead Agency to proceed with the Step

I grant

requirements the Agency considers Petitioner eligible under Section 210(g

of the FWPCA.

Thus,

the extension provisions

of Rule

409, chapter

3,

apply to Petitioner,

and the applicability of Rule

409 makes the

requested variance moot.

The Board, therefore,

grants the Agency’s

Motion

to Dismiss, and the cause is dismissed without prejudice.

IT IS SO ORDERED.

I,

christan

L. Moffett, clerk of the Illinois Pollution

control Bc~ard, hereby certify the above Order was adopted on

the

_____________

day Of~Sh4~c~,

1976 by a vote of

christan L. Moffe

lerk

Illinois Pollutio

ntrol Board

C

-

119—

544