ILLINOIS POLLUTION CONTROL BOARD

July 9, 1992

NORTH SHORE

)

SANITARY DISTRICT,

)

)

Petitioner,

)

v.

)

PCB 92—92

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On June 19, 1992, North Shore Sanitary District (North

Shore) filed a petition for variance for its Waukegan Treatment

Plant. This petition was filed in response to an April 25, 1991

Board order in R86-3 that refused North Shore’s filing of an

“Amended Petition” and suggested that the filing of a petition

for variance may be proper. North Shore filed the amended

petition to satisfy a condition of a wastewater treatment works

loan from the Environmental Protection Agency (Agency). North

Shore asserts that it did not receive a copy of the Board order

until June 9, 1992, when a copy was faxed from the Agency. A

review of the Board’s procedures and records provides no

explanation why North Shore did not receive a copy of the order.

The Board recognizes the difficulty that North Shore has

encountered in attempting to comply with the loan condition. The

Board also notes that North Shore is not solely responsible for

the inappropriate captions and the delay in filing in this

matter. North Shore filed the “Amended Petition” at the

instruction of the Agency and claims to have not been promptly

notified of the Board’s refusal to accept that petition.

However, the Board is compelled to follow the requirements of the

Environmental Protection Act and the Board’s rules and

regulations and insist that all filings satisfy the required

standards.

While the Board finds that a request for variance is proper

in these circumstances, the petition is deficient in that it

fails to provide:

1. A request for hearing on the petition if desired by

petitioner; or, in the alternative, a statement waiving

a hearing accompanied by such affidavits or other proof

in support of the material facts alleged in the

petition as the petitioner may submit,. sufficient to

enable the Board, if it so decides, to rule upon the

petition without a hearing, as required by 35 Ill. Adm.

Code 104.124.

0135-0067

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2

2. The information required by 35 Ill. Adm. Code 104.121.

and 104.122(b). The applicable information includes

information on: the business and activity of the

petitioner (104.121(b)), the materials discharged from

the operation (104.121(d)), environmental impact of the

variance (104.102(g)), measures to be taken during the

variance to minimize the impact (104.121(j)), arbitrary

and unreasonable hardship (104.121(k)) and consistency

with Federal regulations (104.122(b).) While some of

this information was addressed in the rulemaking

proceeding it is necessary to update this information

and include the applicable information in the petition

for variance.

3. Proof of service (35 Ill. Adm. Code 101.143) showing

that a copy of the petition for variance was filed with

the Agency. (35 Ill. Adm. Code 104.120.)

Unless an amended petition for variance is filed within 45

days of the date of this order; curing the above-noted defect(s),

this matter will be subject to dismissal. The Board notes that

for purposes of calculation of the decision deadline pursuant to

Section 38 of the Act, the filing of an amended variance petition

will restart the Board’s 120 day deadline.

IT IS SO ORDERED.

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

Board hereby cert that the above order was adopted on the

________day of

,

1992, by a vote of

~‘

,/~

~

~Dorothy M. c~?in, Clerk

Illinois po~j1utionControl Board

0135-0068