ILLINOIS

POLLUTION CONTROL BOARD

July

19,

1984

ILLINOIS

POWER

COMPANY,

)

)

)

PCB 84—75

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

SUPPLEMENTAL STATEMENT OF THE BOARD (by J.

D.

Dumelle):

On June 18,

1984,

the Board adopted an Opinion and Order

granting

a provisional variance to the Illinois Power Company from

35

Ill.

Mm.

Code 304.124(a) and 304.141(a) as well as certain

conditions

in its NPDES permit.

The Board notes that it is

without power to grant variances from permit conditions in that

so doing would improperly infringe upon the permitting authority

of

the Illinois Environmental Protection Agency (Agency). See

Landfill,

Inc. v.PCB

74 Ill.

2d 541,

387 N.E.

2d 258

(1978).

The

Board granted provisional variance from the permit

conditions in this matter based upon the recommendation of

the

Agency.

The Board notes, however, that

there may be a legal

cloud over that portion of the Board’s order.

On the other

hand,

given the Agency~srecommendation,

it appears that the

Agency has

in effect agreed to a permit modification, and

for

that reason the Board will not disturb ~.teJune 18,

1984 Order~

IT

IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution

cont-ol

Board hereby certify that the above Order was adopters

~

the

___

___________day

of ________________________,

1984

by

a

vote

~

Dorothy M.

Gunn, Clerk

IllinoiE; Pollution Control

Board