ILLINOIS POLLUTION CONTROL BOARD
November 15,
1989
JOLIET ARNY AMMUNITION PLANT,
Petitioner,
v.
)
PCB 89—79
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by M. Nardulli):
This
matter
comes
before
the
Board
on
a
“Motion
for
Modification of Order” filed October 26, 1989 by petitioner Joliet
Army Ammunition
Plant.
Petitioner
seeks
a modification
of the
Board’s Order of September 13,
1989 granting petitioner a variance
from 35 Ill. Adm. Code 602.105(a) and 602.106(b) subject to certain
conditions.
The
Illinois
Environmental
Protection
Agency
(“Agency”)
has failed to respond to petitioner’s motion.
Paragraph
4
of the Board’s
Order
sets
forth
the following
condition:
“No later than July 31,
1989, petitioner shall
apply to
IEPA,
DPWS,
Permit Section,
for all
permits
necessary
for
the
construction
of
installations,
changes
or
additions
to
petitioner’s water supply which are needed for
achieving
compliance
with
the
maximum
allowable concentrations for the standard in
question.”
Petitioner correctly notes that
it
is impossible for it to comply
with the July 31,
1989 deadline set out
in paragraph
4 given that
the Board’s
Order
granting
the
variance was
not entered
until
September
13,
1989.
Petitioner
requests
that
paragraph
4
be
modified as follows:
“No later
than December
1,
1989,
petitioner
shall apply to IEPA,
DPWS, Permit Section, for
all permits
necessary for the completion
of
installations,
changes
or
additions
to
petitioner’s water supply which are needed for
achieving
compliance
with
the
maximum
allowable
concentrations for the standard in
question.”
In support of the December 1,
1989 deadline, petitioner states that
in~*19~)
2
the anticipated completion date of the design plan for the water
treatment system which
is the subject of the instant variance was
October 31,
1989.
Upon receipt of the plan petitioner will submit
the plan to the Agency with applications for all permits required
by paragraph
4.
Petitioner expects that all permit applications
will be filed with the Agency no later than December 31,
1989.
The second modification sought by petitioner is that paragraph
10
of
the
Board’s
Order
be
modified
as
follows
so
that
the
requirements of paragraph 10 correspond to the Board’s Order rather
than the Agency Recommendations:
“10.
Petitioner
shall
provide
written
progress reports to IEPA,
DPWS,
FOS every six
months concerning
steps taken
to comply with
paragraphs
4,
5,
6,
7,
8,
and
9.
Progress
reports
shall
quote
each
said paragraph
and
immediately
below
each paragraph
state
what
steps
have
been
taken
to
comply
with
each
paragraph.”
Lastly,
petitioner
requests
that
the
second
sentence
of
paragraph
11
of
the
Board’s
Order
be
modified
to
reference
petitioner rather than Illinois Power Company.
Such a modification
will correct an obvious typographical error.
The
first modification sought by petitioner
alters
only an
internal deadline for achieving compliance and does not extend the
variance itself.
Petitioner notes that the Agency has stated it
would not oppose the instant motion.
Therefore, paragraph
4 of the
Roard’s
Order
of
September
13,
1989
is
hereby modified
~s
re~uc~•t~d
by
petitioner.
The
remaining
modifications
sought
by
petitioner
simply
correct
typographical
errors.
Therefore,
paragraphs
10
and
11
are
hereby
modified
as
requested
by
petitioner.
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
/~S~
day
of
________________,
1989
by
a
vote
of
7-~
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I
Dorothy N. ,G’unn,
Clerk
Illinois P.6llution Control Board
1fl5•-2(Y)