ILLINOIS POLLUTION CONTROL BOARD
    November
    6, 1986
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—135
    VILLAGE
    OF PALOS PARK,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    D.
    DuTnelle):
    This matter comes before
    the Board
    upon an August 27, 1986,
    petition
    for variance filed
    on behalf of the Village of Palos
    Park which by order of August 28,
    1986,
    was construed by the
    Board
    as
    a motion
    to modify.
    The Illinois Environmental
    Protection Agency
    (Agency) responded
    to that motion on October
    3,
    1986.
    At issue
    is the continued propriety of
    a condition imposed
    as part of the settlement of this matter by Order of April
    3,
    1980,
    whereby the Village was required
    to perform certain
    periodic sampling of various NPDES discharges.
    This requirement
    apparently would extend
    in perpetuity.
    The Village contends that
    the requirement
    no longer serves any purpose while the Agency
    contends that it remains appropriate.
    The Agency also questions
    the Board’s authority to act on the request
    in the absence of
    additional hearings.
    The procedural posture of this proceeding
    is unusual.
    Permanent
    variance
    relief
    was
    originally
    requested
    by
    the
    Village,
    but
    as
    the
    Board
    pointed
    out
    in
    its
    August
    28
    Order,
    permanent
    relief
    cannot
    be
    granted
    in
    a
    variance
    proceeding.
    Therefore,
    the
    Board will continue
    to treat this as
    a motion
    to
    modify.
    However, since the parties disagree on the propriety of
    granting
    the requested relief, the
    Board believes that a hearing
    should be held at which
    the parties can present evidence and
    arguments focusing on the continued propriety of the sampling
    requirement and the possibility of establishing some mechanism
    for a termination of that requirement upon the occurrence of some
    event or events which would obviate the necessity of that
    condition.
    74-1
    —2—
    The parties are, of course, free
    to negotiate
    a settlement
    of this matter which could
    form the basis of the hearing.
    This matter
    is hereby set
    for hearing.
    IT
    IS
    SO
    ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ________________
    day
    of
    77i-~i-~~ci
    ,
    1986
    by
    a
    vote
    of
    -
    C
    .
    Dorothy
    M./Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    74-2

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