ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1990
    BILL ADEN,
    et al.,
    )
    )
    Complainants,
    )
    v.
    )
    PCB 86—193
    (Enforcement)
    CITY OF FREEPORT,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter is before the Board on Respondent’s Second
    Petition to Modify Order filed November 15,
    1990 by the City of
    Freeport
    (“Freeport”).
    On December 17,
    1990 the Board received a
    Notice of Withdrawal of Appearance By Attorney Sidney Margolis
    For Certain Petitioners and Request For Extension of Time.
    On
    December 19,
    1990 a letter filing on behalf of Complainants Bill
    Aden and John and Velina Schroder was filed with the Board.
    The
    letter filing also requested an extension of time to respond to
    Freeport’s filing.
    Because of the result reached today, the
    Board takes no action on these requests for extension.
    For
    reasons given below, Freeport’s motion to modify is denied.
    Freeport wishes to extend the December 31,
    1990 compliance
    deadline imposed by the Board in this citizen enforcement case
    “in order to complete corrections for problems newly discovered
    since the entry of
    .
    .
    .
    the Board Order September
    8,
    1988.”
    By that Order Freeport was to undertake “appropriate actions”
    including sewer rehabilitation,
    in order to achieve compliance
    with the Illinois Environmental Protection Act and Board
    regulations.
    Respondent states it has discovered additional
    problems which must be corrected in order to comply with the
    Order.
    These additional problems, Freeport states, were not
    known to it or to the Board on the date of hearing on this matter
    and could not have been discovered by use of due diligence.
    Freeport argues that 35 Ill. Adm. Code 101.301 authorizes the
    modification of a prior Board Order based upon “newly discovered
    evidence which existed at the time of the hearing and which by
    due diligence could not have been timely discovered.”
    35 111.
    Adm. Code 101.301(b).
    The Board notes initially that a motion for relief under the
    provision relied upon by Freeport must be brought within one year
    after the entry of the order.
    35 Ill. Adm. Code 101.301(d).
    Respondent’s motion comes some fifteen months too late to utilize
    this provision for relief.
    Even ignoring this fact for the
    moment, however,
    the Board would be extremely reluctant to extend
    the ultimate date for compliance based upon the mere record which
    117—45
    was created by the filing of this motion to modify.
    At minimum,
    a review of the compliance plan and the request to extend this
    compliance date as proposed should be subject to review by the
    public and input from the Illinois Environmental Protection
    Agency.
    We believe the proper way to accomplish this is through
    a petition for variance from the Board Order.
    The City of
    Freeport’s Motion to Modify Order is therefore denied.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    day of
    i-L4_t-n4...t.!,~-~
    ,1990 byavote
    of
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    Illinois Pollution Control Board
    117—46

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