ILLINOIS POLLUTION CONTROL BOARD

March 21,

1984

CITY OF MONMOUTH,

)

Petitioner,

v.

)

PCB 84—6

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent..

ORDER OF THE BOARD

(by J. Anderson):

This amended petition,

filed March 29,

1984,

continues to be

deficient,

in that the petition fails to include either a hearing

request, or a hearing

waiver

plus affidavit attesting to the

truth of the facts aHeged

in the petition as required by 35

Iii.

Mm. Code 104.124.

The Board

notes that the relief request as made on p.

6 of

the amended petition requests “variance from the current NPDES

permit”.

The Board cannot grant variance from an NPDES permit,

although it can grant variance from its Orders and regulations

so

as to allow Agency issuance of a modified NPDES permit.

The City

is therefore requested to specify which portions

of the requested

relief require variance from the Board’s January 21,

1982 Order,

and which from specific Board regulations.

The City is also

requested to address the issue as to whether such relief is

consistent with federal

law,

as required by 35

Ill. Mm.

Code

104.122.

If an amended petition curing these deficiencies

is not

filed within 45 days

of the date of this Order,

this petition

will he subject to dismissal.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify that the above and Order was

adopt~don the_~./~dayof_____

____________,

1984 by

a vote

of

4~.-O

1~~

/

~

r~~’

Christan L.

Moffe~i~4-)~cilerk

Illinois Pollution Control Board

57-225