ILLINOIS POLLUTION CONTROL

BOARD

January

24,

1991

ZEIGLER COAL COMPANY,

)

Petitioner,

v.

)

PCB 91-12

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by

J. Anderson):

On January 22,

1991,

the Zeigler Coal Company

(“Zeigler’t)

filed a petition requesting a variance from the sulfate effluent

standards set by the Illinois Environmental Protection Agency

(“Agency”)

pursuant to 35

Iii. Adm. Code 406.203(c)(1)(A).

While

the petition satisfies many of the informational and content

requirements of 35 Ill. Adm. Code 104.121,

it

is deficient

in

that

it does not contain the following information:

1)

data describing

the nature

and extent

of

the

present

failure

to

meet

the

numerical

standards or particular

provisions from which

the variance is sought;

2)

a statement

as to whether the Board may grant

the relief consistent with the Clean Water Act

(33

U.S.C.

1251),

USEPA

effluent

guidelines

and standards,

any other Federal

regulations,

or

any

areawide

waste

treatment

management

plan

approved

by

the Administrator

of

USEPA

pursuant

to

Section

208

of ~the Clean

Water

Act; and

3)

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,

or

in

the

alternative,

a

request

for

a

hearing

on

the

petition.

If Zeigler fails

to file supplemental materials curing the

above—noted deficiencies on or before February 25,

1991,

this

118—179

---

—2—

petition will be subject to dismissal.

We also request that

Zeigler file a copy of its NPDES permit #IL—005824.

IT IS SO ORDERED.

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

Board, hereby certif

that the above Order was adopted on

the

~

day of

_______________,

1991,

by a vote of

_________

Control Board

118—180