ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1988
    IN THE MATTER OF:
    PETITION OF THE CITY OF LASALLE
    )
    PCB 88-70
    FOR MODIFICATION OF MUNICIPAL
    COMPLIANCE PLAN
    )
    IN THE MATTER OF:
    )
    THE PETITION OF THE CITY OF
    )
    PCB 86—2
    LASALLE FOR EXCEPTION TO THE
    )
    (not consolidated)
    COMBINED SEWER OVERFLOW REGULATIONS
    ORDER OF THE BOARD (by
    3.
    Anderson):
    This docket was initiated by the April 15, 1988 filing by
    the City of LaSalle of what is called a “petition for
    modification of municipal compliance schedule”. On May 6, 1988,
    the Agency submitted a response to this filing. The Agency noted
    that the relief sought is a modification of a temporary CSO
    exception granted by the Board in its Opinion and Order of April
    1, 1987 in PCB 86—2. The Agency went on to note that the filing
    could be construed either as a deficient petition for variance,
    or as an untimely motion for modification of the prior Board
    Order in PCB 86—2. Due to its uncertainty as to the procedural
    status of the filing, the Agency response simply stated its
    positions and comments.
    The Board believes that this matter is more appropriately
    addressed as a motion in the PCB 86—2 proceeding. This PCB 88—70
    proceeding is hereby dismissed. The Clerk’s Office is directed
    to redocket the pleadings discussed in this Order as a motion and
    response in the PCB 86—2 proceeding.
    As to the substance of the City’s motion, the Board agrees
    with the Agency’s observation that the City has not provided a
    complete description of its inability to meet its previous
    commitments and compliance schedule. The Board further notes
    that the Agency has suggested a revised compliance program
    different than that suggested by the City, to which the City has
    filed no response.
    The Board directs the City to file a responsive pleading
    addressing these two points on or before June 6, 1988. The
    Agency may file a reply thereto on or before June 20, 1988. The
    89—287
    —2—
    Board will defer further action in this matter until these filing
    dates have passed.
    IT IS SO ORDERED.
    3.
    D. Dumelle concurred.
    3.
    T. Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the /?tZ day of
    _____________,
    1988, by a vote of
    ‘—/
    ~
    Dorothy M,/Gunn, Clerk
    Illinois Pollution Control Board
    89—288

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