ILLINOIS POLLUTION

CONTROL

BOARD

FEBRUARY 22,

1984

TH?

METROPOLITAN

SANITARY

DISTRICT

)

OF

GREATER

CHICAGO,

)

)

Petitioner,

)

)

v.

)

PCB 84—20

)

THE

ENVIRONMENTAL

PROTECTION

)

AGENCY,

)

Respondent.

)

ORDER OF

THE

BOARD

(by

J.

D.

Dumelle):

This matter comes before the Board upon a

February

19,

1984

petition for variance filed on behalf of the Metropolitan

Sanitary District of Greater Chicago (MSD).

While the

MSD

waives

hearing, the Board on its own motion orders that a hearing be

held.

The Board notes that the petition fails to indicate

any

plan for ultimate compliance with the rules from which variance

is requested, the discharge levels, present water quality data,

and an assessment of environmental impact.

The Board expects

that this information will be forthcoming at hearing.

The

Board

further

notes

that

the

MSD

‘refers to this

Board’s

opinion

under

R77-12

in

Docket

D

and

to

the

record

therein.’

This

appears

to

be

an

attempt

to

incorporate

that

record

into

this proceeding

by

reference

which

under normal

circumstances would be

permitted

as

a

matter

of

course.

However, R77—12(D) is presently on appeal to the Illinois

Supreme Court and the record has been sent there such that the

Board no longer

has

that record in its possession.

Therefore,

any

materials

or

documents

which

the

MSD

desires

to

have

admitted

into this record should be introducted as exhibits at hearing.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control

Board

her~pby

certify

that

the

above

Order was

adopted

on

the

:1

.L

“‘-‘-ct

day.

of

~

e~

,

1984

by

a

voteof

—I.e

~

I

yn/4;r~.

Christan L. Moflett, Cl~~

Illinois Pollution Control Board

58-251