ILLINOIS POLLUTION CONTROL BOARD

July 19,

1985

VILLAGE OF AVISTON,

ILLINOIS,

Petitioner,

v.

)

PCB 85—104

t(JLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On July 12,

1985,

the Village of Aviston (“Aviston”)

filed

a

petition for variance concerning

its sewage treatment plant:.’s

discharge.

That Petition

is deficient

in

a number of

respects

and the Board will need additional information in order

to

proceed.

First,

the Board refers Aviston to

the procedural

rules

governing

the contents of a petition

for variance,

35

Lii.

Adm.

Code Part

104, Subpart

B.

While Aviston

is not required

to

follow

the format of that subpart,

it would be helpful.

However,

all

information requested

in that subpart must be

included

somewhere in the petition

for variance.

The Board notes that

Aviston has failed

to provide any information pertaining

to:

Section 104.121(h),

(i),

(j),

(k); Section 104.122;

and

Section

104.124

(Section 104.124, Hearing Request or Waiver;

Affidavit,

is especially important).

Additionally, Aviston should request

variance from the applicable Board regulation (presumably 35

111.

Adm.

Code 304.120(c)), rather than from terms and conditions of

its NPDES permit.

Proof

of service of the petition on the

Illinois Environmental Protection Agency is also required.

Finally,

the Board believes

the following additional

data

will be necessary to adequately evaluate Aviston’s

request

for

var iance:

1.

A description of the sewage treatment plant and

collection system including design flow capacities;

2.

Data on historical effluent quality and quantity;

3.

Any available data on flows

in the “unnamed tributary

and Lake Branch~ during periods when current effluent

limits are expected

to be violated;

and

4.

Any available data comparing sewage treatment plant

effluent flows

to rainfall amounts.

65-105

---

—2—

Unless an amended petition

for variance

is filed within 45

days curing

the above noted defects,

this matter will be subject

to dismissal.

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

_______________________,

1985,

by

vote

of

~_~7-’~

.

~

7

~

A

7?

Dorothy

4.

dunn, Clerk

Illinois Pollution Control Board

65-106