ILLINOIS POLLUTION CONTROL BOARD

January 20,

1994

IN THE

MATTER OF:

)

)

PROPOSED SITE SPECIFIC WATER

)

POLLUTION RULES

AND

REGULATIONS

)

R81-19

APPLICABLE TO CITIZENS UTILITIES

)

(Rulemaking)

COMPANY OF ILLINOIS DISCHARGE

)

TO LILY CACHE CREEK

)

(On Remand)

ORDER

OF THE BOARD

(by C.A. Manning):

Today, in companion case, Citizens Utilities ComDany V. IEPA,

PCB

85-95,

we entered

a

final

opinion and

order granting

the

petitioner a variance pursuant to the Appellate Court of Illinois,

Third District’s remand on October

1, 1992 in case No.

3—91—0973.

The timing of the variance

is dependent upon completion of

the

instant site-specific rulemaking pending before the Board in docket

R81—19.

~

Citizens

V.

IEPA,

(January 20, 1994)

PCB 85—95,

—

PCB

,

slip op. at 1-2, conditions

##3—5.)

On July 16,

1991,

in case No.

3-90—0704, the appellate court

reversed and remanded this Board’s final order of July 3, 1990 in

R81—19

which

denied

the

petition

for

site—specific

relief.

(Citizens

Utilities Com~anv of

Illinois

v.

Illinois

Pollution

Control Board et. al., 216 Ill.App.3d 629, 576 N.E.2d 415, 159 Ill.

Dec.

746

(3rd Dist.

1991).)

Recognizing the merit hearings were

held in 1981 and 1982, with economic impact hearings in 1986 and

1987,

the

Board

is

inviting

comments

from

those

parties

and

participants on the notice list, and any other interested parties

in order to update the record. Filings shall also be delivered to

those persons on the notice list.

We will then deliberate on the

next course of action as expeditiously as Board resources allow.

Any

comments must be received by the Board no later than 4:30

p.m., Friday, February 25,

1994.

Questions regarding this matter

should be directed to the Hearing Officer, Musette H.

Vogel,

at

217/524-8509 in the Springfield Office located at 600 South Second

Street, Suite 402, Springfield, Illinois 62704.

IT IS SO ORDERED.

Board Member R.C.

Fleiual abstained.

---

2

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby

certif

that

the above Order was adopted on the

r~j

day

of

____________________,

1994,

by

a

vote

of

—‘-

~

.

Dorothy M,fGunn, Clerk

Illinois ~bllutionControl Board