IL~L1t’~O1SPOLLUTI~COt~TROLHOARD

August

6,

1967

hOWARD

S.

SPURGEON, d/b/a

HIGUVIE~~S~TES

SUbDIVISION,

Petitioner,

v.

)

PCB 87-111

ILLINOIS ENVIRONMENTAL

PROTEC~lONAGENCY,

)

Respondents.

ORDt~ROF

THE

BO~D

(by J,D. Dumelle):

This matter

comes before

the Board upon

a July

31,

1987,

petition

for variance filed

by Howard

S.

Spurgeon

(Spurgeon).

The petition

is deficient in that it fails

to include:

a)

A clear

and complete statement of the precise extent of

the relief sought including specific identification of

the

particular provisions

of the regulations or Board

Order from which

the variance

is sought;

b)

A description

of

the business

or activity

of the

petitioner including

the size of the business and

number

of employees and

a description

of the location

and area affected by petitioner’s operations;

c)

The quantity and types

of material usec in

the process

or activity for which the variance

is required and

a

full description

of

the p&rticular process

or activity

in which the materials are used;

d)

The quantity

anci types of materials discharged

from the

process of activity requiring the variance,

the

location of the points

of discharge and

as applicable,

the identification of the receiving waterway or

land,

or

location of the nearest air monitoring station

maintained by the Agency;

e)

Data describing

the nature and extent of

the present

failure

to meet the numerical standards or particular

provisions from which

the variance

is sought and

a

factual statement why compliance with

the Act and

regulations

was not

or cannot be achieved by the

required compliance date;

80—121

---

f)

A detailed description

of the existing and proposed

equipment or proposed method of

control

to be under-

taken

to acnieve

full compliance with the Act anã

regulations,

including

a time schedule

for

the

implementation of

all

phases of the control program

from initiation of design

to program completion and the

estimated costs involved for each phase

and the total

cost to achieve compliance;

g)

An assessment with supporting factual

information,

of

the environmental impact that the variance will impose

on human, plant,

and animal life

in the affected

area,

including,

where applicable, data describing

the

existing air and water quality which

the discharge may

affect;

h)

Past efforts to achieve compliance including costs

incurred,

results

achieved,,

permit

status,

and,

for

publicly—owned treatment works

or connections thereto,

construction grant status;

i)

A discussion

of

tile availability of alternate methods

of compliance,

the extent that such methods were

studied,

and the comparative factors leading

to the

selection of the control program proposed to achieve

compliance;

3)

h

statement

of

the measures

to

be undertaken during

the

period

of the variance

to minimize the impact of the

discharge of

contaminants on human,

plant,

and animal

life in the affected areas,

including the numerical

interim discharge limitations which

can be achieved

during the period of the variance;

k)

A concise factual

statement of the reasons

the

petitioner believes that compliance with the particular

provisions

of the regulations or Board Order

would

impose an arbitrary or unreasonable hardship;

and

1)

An indication

as

to whether the

Board may grant

the

relief consistent with the Clean S~aterAct

(33 VS.C.

1251),

U.S.E.P.A.

effluent guidelines

and standards,

any other Federal regulations,

or any wide area waste

treatment management plan approved

by the Administrator

of U.S.E.P.A. pursuant to Section 201 of the Clean

hater Act.

Unless

an amended petition

is filed within

45 days of the

date of

this Order, curing

the above—noted defects, this matter

will besubject

to dismissal.

IT

IS SO ORDERED.

80—122

---

—3—

I,

Lorothy

M. ~unn, Clerk of

the Illinois Pollution Control

tne

_______________

day of

.

,

1967

by a vote

Board, her,e~t—certifythat ~~~above

Order was adopted

on

of

________________

Doro~Gunn,

Clerk

Illinois Pollution Control Board