ILLINOIS POLLUTION CONTROL BOARD

April

1,

1987

DEPARTMENT OF THE ARMY,

)

Petitioner,

v.

)

PCB 87—38

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD

(by

B.

Forcade):

On March

23, 1987,

the Department of

the Army

(“Army”)

filed

a petition for extension of prior variance.

That petition

seeks

a five—year extension of

a variance granted

in PCB 84—86

(October

25,

1984).

The Board has reviewed the variance petition

in light of the

relief requested and the terms

of the prior variance and finds

that the petition

is deficient in several respects:

1.

Paragraph

8

of

the petition makes refer-

ence

to

the

sampling

and

analysis

data

acquired

under

the

terms

of

the

prior

variance, but fails to include the data.—

The

Army

must

provide

all

testing

and

analysis

data

which

was

acquired

under

the

prior variance

to

the

Board,

as well

as any reports evaluating that data;

2.

Paragraph

5(c)

of

the

petition

makes

reference

to

the

planning

for

confined

upland

disposal

facilities

required

by

paragraph

7 of the

prior Order but

fails

to

include

that

information.

The

Board

will

be

unable

to

determine whether con-

fined upland disposal would constitute

an

arbitrary or unreasonable hardship to the

Army

unless

detailed

information

on

the

cost

estimates

and

implementation

dif-

ficulties

is presented

to the Board;

and

77-60

---

—2—

3.

Paragraph

3

of

the petition requests in-

corporation

by

reference

of

the

entire

record

from

the

prior

proceedings;

this

is not possible.

In the prior proceeding

(PCB

84—86),

the

Army

filed

an

amended

petition supplying the Board with

a large

amount

of

information.

That

amended

petition

requested

(

3,

Amend.

Pet.,

filed

August

13,

1984),

that

the docu-

ments

be

returned

to

the

Army when

they

had

served

the

Board’s

purpose.

The

Board,

in

its

October

25,

1984,

Order

denied

the

request

to withdraw the docu-

ments

but

invited

the Army to borrow the

documents and return clear

photocopies

to

the

Board.

The

Board

has

not been

able

to

determine

whether

the

Army

borrowed

the

documents,

but

in

any

event,

the

documents

are

not

presently

in

the

Board’s

possession.

The

Board

has

the

complete

set

of

documents

introducted

in

the

1983 proceeding

(PCB

83—25),

but

the

documents

from

the

1984

proceeding

are

missing.

A list of the missing documents

is

attached

to

today’s Order.

As

a con-

sequence,

the Board cannot incorporate

by

reference

the

record

from prior proceed-

ings.

The

Board

will

incorporate

by

reference

prior Opinions and Orders.

If

the

Army

believes

there

are

documents

upon which

the

Board must rely

to make

a

final determination

in this matter,

those

documents must be physically submitted

in

this proceeding.

Unless

an amended petition

is filed within

45 days curing

the above—noted defects,

this matter will be subject

to dismis-

sal.

Additionally, paragraph

7

of the petition seems to

request

variance

to allow dredging

in the LaGrange pool area pursuant

to

401 Water Quality Certification Log.

No. C—157—82

(revised).

The

Army

is free to conduct

its maintenance dredging and correlated

discharge of dredge material without Board

action

for those

sediments and disposal procedures which pass the Agency 401

Certification procedures

(Department of the Army v.

IEPA,

PCB 83—

25, July

26,

1983,

p.

4).

The Army is requested

to elaborate on

what relief

is

being requested as

it relates

to the LaGrange

pool.

IT

IS

SO ORDERED.

77-61

---

—3—

I, Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above

Order was adopted on

the

~

day of

______________,

1987,

by a vote ~f

~—.C

~4k;~~7

~2)

Dorothy

M.

Gunn, Clerk

Illinois Pollution Control Board

77-62