ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    THE
    NUTRASWEET
    COMPANY
    AND
    )
    CONSUMERS ILLINOIS WATER COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—84
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Marlin):
    In this matter
    the NutraSweet Company
    (NutraSweet)
    is
    seeking variance from Section 307.102
    as
    it applies
    to the
    general use water quality standard for total dissolved solids
    (TDS) set forth by Section 302.208.
    However,
    the Board rewrote
    Section 307.102
    as Section 307.1101
    in the Pretreatment
    Amendments (R86—44) which became effective on January 13,
    1988.
    Section 307.1101 applies only to persons who discharge
    to
    publicly owned treatment works
    (POTW).
    According
    to the filings
    in this matter, NutraSweet
    discharges to Consumers Illinois Water Company
    (CIWC), and CIWC
    is a privately—owned wastewater treatment works,
    not
    a POTW.
    (Pet.,
    p.
    5;
    Ag. Rec.,
    p.
    5)
    The Board requests that the parties brief the issue of
    whether the Board may grant a variance as requested by NutraSweet
    and CIWC.
    At a minimum,
    the briefs should address:
    whether the
    regulations at issue
    are applicable to NutraSweet; whether
    a
    variance may be granted
    to one person due to the arbitrary or
    unreasonable hardship which would be suffered by
    a different
    person;
    and whether NutraSweet,
    even if not a recipient of a
    variance, may be bound by conditions to
    a variance granted to
    CIWC.
    All parties to this proceeding should file their briefs no
    later than November
    29, 1988.
    IT IS SO ORDERED.
    93—287
    2
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    J4~~-
    day
    of
    ).~~S~~k_1
    ,
    1988,
    by
    a
    vote
    of
    C
    -
    .
    Dorothy
    1~7Gunn, Clerk
    Illinois~4ollution
    Control
    Board
    93—288

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