ILLINOIS POLLUTION CONTROL BOARD
December
20, 1990
THE NUTRASWEET COMPANY and
CONSUMERS ILLINOIS WATER
COMPANY,
Petitioners,
v.
)
PCB 88—84
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On December 18,
1990, The Nutrasweet Company and Consumers
Illinois Water Company
(“NSC”) filed a Motion for Decision and
Modification concerning NSC’s Adjusted Standard proceeding
pending before the Board in AS 89—3 and the variance granted
in
PCB 88—84 on December 15,
1988.
At this time the Board will rule
only on the motion for modification of the variance granted in
PCB 88—84.
The variance granted to NSC for its total dissolved solids
discharge required that NSC file a site—specific rulemaking
petition by July
1, 1989;
to apply for any construction permits
by December
31, 1990; and to complete installation of any
required controls by December
31,
1991.
It
is the internal
deadline for the application for construction permits by December
31, 1990 from which NSC now seeks relief.
NSC request the Board
to allow NSC a period of two months after the Board’s decision in
AS 89—3 to apply for construction permits should construction be
necessary to comply with the Board’s order.
NSC anticipates that
any required construction could be completed by the December 31,
1991 deadline.
NSC represents that the Illinois Environmental Protection
Agency supports the requested relief and will not be filing a
response to this motion.
As this request relates to an internal deadline
in the
variance previously granted by this Board and the Agency appears
to be in agreement with the petitioner, the Board will grant an
extension of the deadline for application of construction
permits.
However, consistent with the Board’s preference to
grant such relief only for
a limited time and only until a date
certain, the Board hereby grants NSC’s motion for modification of
the date by which NSC must apply
for any construction permits
until May 9,
1991.
IT IS SO ORDERED.
117—49
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify
the
~
day of
~~~1bove
Order was adopted on
______
________________________
1990, by a vote
of
7’-o
Do ro
unn,
lerk
Illinois ~11ution
Control Board
117—50