ILLINOIS POLLUTION CONTROL BOARD

November

18,

1983

CITY OF HILLSBORO,

Petitioner,

v.

)

PCB 83—165

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(By

J.

D,

Dumelie):

On November 14,

1983 the

City

of Hilisboro

(City)

filed a

petition for variance from the Illinois Environmental Protection

Agency’s operator certification procedures.

The Board cannot

grant variance from Agency procedures and construes the petition

as seeking relief from 35

Ill.

Adm. Code 312.101.

However,

the petition is also deficient

in other respects

pursuant to 35 Ill,

Adm. Code 104.121

in that

it fails to

specify

a particular time period for which variance is requested,

does not present discharge data

or

an assessment of the environ-

mental

impact,

and does not

discuss

the cost

of hiring

a con-

sultant

as an alternative

to

achieve compliance.

The Board

also notes that the relief is requested

in the form of

a variance

petition hut appears

to

request

a regualtory

change which

would exempt the City’s treatment plant from the necessity

of being operated by a Class

I operator.

Such relief cannot

be granted in

a variance proceeding.

Unless the City files

an amended petition within 45 days

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

the

petition will be subject to dismissal.

IT IS SO ORDERED.

Board members Bill Forcade and John Marlin abstained.

I, Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board hereby certify that the above Order was adopted on

the

f~

~

day of

_________________,

1983

by

a vote of

~

7.

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Christan

L. Moffett,

C,4~rk

Illinois Pollution Control Board

54-~R7