ILLINOIS POLLUTION CONTROL BOARD

December

3, 1987

CITY OF FARMINGTON,

Petitioner,

v.

)

PCB 85—203

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by J.D. Dumelle):

This matter comes before the Board on a Petition filed

December

18,

1985 by the City of Farininyton

(City),

seeking

extension of

a variance,

granted

an PCB 83—63,

from the

regulatory prohibition against sanitary sewer overflows set

forth

at

35

Ill.

Adin. Code Section 306.304.

The initial variance

PCB

83—63

expired on July

1,

1984

at which

time the City sought

a

one—year extension in PCB ~4—l66.

The Illinois Environmental

Protection Agency filed

its recommendation on January 21,

1985.

The Board granted

the requested extension on February 20,

1985.

PCB 84—166.

Upon receipt of

this most recent petition

filed

March

24,

1986j

the Board ordered

triis matter

to hearing

on March 27,

1986.

Numerous continuances ensued but the matter finally

caine

to hearing on September

10,

1987;

no members of

trie public

attended.

The Agency’s initial recommendation

filed

May

1,

19861

opposed the petition citing faulty public notice;

inadequate data regarding flow measurements; conflicts with

Agency information and failure to obtain required NPDES

permits.

However,

on July

6,

1987

the Agency subsequently filed

an

1tArnended Recommendation”

reversing

its earlier opposition and

recommending that the Petition for variance extension be

granted.

Amended Rec. July

6,

1987.

However, there

is an apparent

internal inconsistency

in the

Amended Recommendation.

The construction schedule set forth

in

the Amended Recommendation requires full operational status on or

before October

15,

1988.

But the Amended Recommendation

recommends extension

of the variance only until July

1, 1988.

Amended Rec.

p.

5.

Accordingly the Board orders

the parties

to clarify

or

84—05

---

—2—

otherwise explain

this inconsistency on or before December 16,

1987.

Also the Board notes

that certain matters set forth

in the

construction schedule should be completed by December

17,

1987.

The parties shall

notify the Board whether Petitioner has been,

thus

far,

able

to meet the completion dates set forth

in the

construction

schedule.

IT

IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that t)~above Order was adopted on

the

_____________

day of

___________

1987 by a vote

of

7-~

.

Dorothy M.

~inn,

Clerk

Illinois Pollution Control Board

84—06