ILLINOIS POLLUTION CONTROL BOARD

November 21, 1984

CITY

OP

CARLYLE,

Petitioner,

V.

)

PCB 84—171

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondents

ORDER OF THE BOARD

(by J.

D.

Dumelle):

This matter comes before the Board upon a November

9,

1984,

petition for extension of variance filed on behalf of the City of

Carlyle from its suspended solids NPDES permit limitation and the

underlying effluent standard of

35 Ill. Adm,

Code 304.124 applicai~i.~

to its water treatment plant.

The Board notes that it has no authority to grant variance

from an NPDES permit requirement.

However, the City may request

a modification of that requirement from the Illinos Environmentnl

Protection Agency upon the receipt of variance from the underlyinq

rule

Further, while the petition is for extension of variance,

such

petitions must fulfill the requirements

of

35

Ill.

Adm,

Code

lO4~l2l

and 104.122.

The petition here fails to do so

in that

there

is

no discussion of the environmental

impact, the City

has

not directly addressed the reasons that denial of variance

would

impose an arbitrary or unreasonable harship,

and the petition is

generally underdeveloped.

Much of this could be remedied by the

incorporation by reference of the record,

opinion and order in PCB

82-35 pursuant to 35

Ill. Adm. Code 104.123(b) although any

changed circumstances should be noted.

Unless the City files an amended petition within 45 days

of

the

date of this Order curing the above-noted deficiencies, the

petition

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

L~A_—,

1984 by a vote of

~~L4~’

,1~./2~.~-~’

5óiothy N, pnn, Clerk

Illinois Pollution Control Board