ILLINOIS POLLUTION CONTROL BOARD

December

5,

1985

~iHITECOUNTY BOARD,

)

Petitioner,

v.

)

PCB 85—174

t4INOlS~ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.D. Dumelle):

This matter comes before

the Board upon a Petition

for

Variance from 35

111.

Adm.

Code 406.106 and 406.108

filed on

behalf of White County Board on November

27,

1985.

The

Board

finds the petition for variance deficient

in

sev~era1areas.

Specifically, White County should submit more

information on whether

the escape

of mine refuse run—off

is

anticipated only prior

to or also after

the two—foot cover

and

vegetative growth has been achieved.

If the mine refuse run—off

is only anticipated during construction, then why is a five—year

variance requested?

Also,

unlike site—specific relief,

a grant

of

iariance gives only temporary relief from compliance.

If

White County is requesting relief beyond

the construction period,

White County should clarify

a)

how

it intends to come into

later

com~pliance, if necessary, with the effluent standards,

b.) whether

sediment pond controls can be constructed at that time,

and c)

whether

the cost figures given on page

8

of the petition would

continue to be valid.

White County should also specify the costs of the hay or

straw ditch checks, and what sampling and testing program

is

an~ticipatedduring

the term of the variance pursuant

to

paragraph #19 of the petition.

Lastly, White County should

subm~ita copy of the pending Department of Mines

& Minerals’

pennit.

Unless

this

additional information

is filed within 45 days

of this Order, this proceeding will

be subject

to dismissal.

IT IS SO ORDERED.

67-41

---

—2—

I~Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

_________________,

1985 by a vote of

7~.

Dorothy M. G~inn, Clerk

Illinois Pollution Control Board

87-42