ILLINOIS POLLUTION CONTROL BOARD

November 20,

1980

VILLAGE OF BLUFFS,

)

Petitioner,

v.

)

PCB

80—202

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF

THE

BOARD

(by

D,

Satchell):

On

November

3,

1980

the

Village

of

Bluffs

(Bluffs)

filed

a

petition for a variance from Rules

404(a)

and

406

of

Chapter

3:

Water Pollution.

At some points the petition appears to also

request a variance from NPDES permit conditions.

The Board is

not authorized to grant variances from permit conditions

(Section

35 of the Environmental Protection Act).

Relief

is available by

way of application to the Illinois Environmental Protection

Agency

(Agency)

for permit modification, which may follow a

variance from regulations pursuant to Rule 914.

The petition

requests

a variance from Rule 406, which is applicable only to

discharges of ammonia nitrogen to the Illinois River.

Bluffs

discharges

to Wolf and Coon

Run

Creeks

rather than the Illinois

River.

Bluffs may need a variance from Rule 402 if it is not

within one of the exceptions of Rule 402.1.

The petition contains a waiver of hearing but no affidavit

~s required by Procedural Rule 401(b).

This matter will be

subject to dismissal unless an amended petition addressing the

noted deficiencies is filed within forty-five days of the date

of this Order.

The decision date will commence with the filing

of such amendment.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was ad~opted

on the ~

day of

____________,

1980 by.a vote of~~Q~

Illinois

Polluti

Board