ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1986
    CITY OF DIXON,
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 85-217
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Anderson):
    This docket was initiated upon the December 30, 1985 filing
    of what was captioned as a joint petition seeking an extension to
    the December 31, 1985 deadline contained in 35 Ill. Adm. Code
    306.373 for the filing of petitions for exceptions to the
    combined sewer overflow (CSO) regulations. The petition follows
    the pleading format of a CSO petition. In brief, it recites that
    dry weather has rendered necessary monitoring impossible.
    While confusion is understandable, given the hybrid nature
    of the CSO exception, the Board believes that as a matter of
    procedure this request is actually, and more appropriately
    handled, as a petition for variance from Section 306.373
    particularly given the partiest desire to waive hearing in the
    matter. The petition is, however, inadequate as a variance
    petition.
    Rather than dismissing this good faith petition, the Board
    has recaptioned this docket and realigned the parties. The City
    of Dixon is given 45 days to file a petition for variance
    fulfilling the informational requirements of Part 104 of the
    Procedural Rules, and is specifically directed to note Section
    104.124 requiring an affidavit if hearing is waived. The Board
    additionally suggests that the City may wish to consider whether
    it also needs variance from Section 306.306, setting CSO
    compliance deadlines, as the petition does not indicate whether
    tie City qualifies for an extended compliance deadline by
    fulfilling all of the requirements of Section 306.306(d)(1-3).
    If an amended petition is not filed within 45 days of the date of
    this Order, this petition will be subject to dismissal.
    IT IS SO ORDERED.
    67-455
    -2—
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    9~-~
    day of
    ~
    ,
    1986, by a vote
    of-7-~~_.
    /
    72~
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    67-456

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