ILLINOIS POLLUTION CONTROL BOARD

September

17,

1987

HOWARD S.

SPURGEON,

d/b/a

HIGHVIEW ESTATES SUBDIVISION,

)

Petitioner,

v.

)

PCB 87—111

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J. Theodore Meyer):

On September

16,

1987, Howard

S. Spurgeon (Spurgeon)

filed

an amended petition for variance, seeking

relief from 35

Ill.

Adm. Code 304.120(c).

That section sets forth effluent

limitations for five—day biochemical oxygen demand

(SOD5)

and

suspended

solids.

The amended petition

is deficient

in that

it

fails

to include:

a)

The present levels of BOD5 and suspended solids

in the

discharge

from Spurgeon’s sewage treatment plant

to

a

tributary

to Farm Creek;

b)

An assessment, with supporting factual information, of

the environmental impact of the excess levels of 80D5

and suspended solids;

C)

A notarized affidavit

in support

of the material facts

alleged

in the amended petition,

so that the Board,

if

it so decides, may rule upon the amended petition

without

a

hearing;

and

d)

A certificate of service indicating

that the amended

petition has been filed with the Illinois Environmental

Protection Agency

Unless an amended petition

is filed within

45 days

of the

date of this Order,

curing the above—noted defects,

this matter

will be subject to dismissal.

IT

IS SO ORDERED~

81—291

---

—2—

I,

Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify1that_the above Order was adopted on

the

/7Z~day of

_______________,

1987,

by a vote of

C

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

81—292