ILLINOIS POLLUTION CONTROL BOARD

June 2, 1983

CITY

O~SHELBYVILLE,

Petitioner,

v.

)

PCB 83—70

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J.D. Dumelle):

On May 31, 1983 the City of Shelbyville (City) filed a petition

for variance from 35 111. Adm. Code 302.205 (old Rule 203(c) of

Chapter 3: Water Pollution) as it applies to the City’s phosphorus

discharge. Additionally, the City requests an abatement order

to be issued against it to allow it to sell bonds to finance the

local share of the construction project needed to upgrade its

wastewater treatment facilities to meet current standards.

The variance petition is deficient in numerous respects

under 35 Ill. Adm. Code 104.121, 104.122 and 104.124. Unless

an amended petition is filed curing those defects within 45 days

of the date of this Order, the petition will be subject to

dismissal pursuant to 35 Ill. Adm. Code 104.125. The Board notes,

in particular, that while hearing is purportedly waived, no affidavit

attesting to the truth of the facts alleged accompanies that waiver.

Further, while the Board has in the past issued abatement

orders pursuant to Section 46

of the

Illinois Environmental

Protection Act, such orders have usually been issued pursuant to

an enforcement action rather than simply in conjunction with a

variance petition. Some legal questions arise as to the propriety

of such an order being issued in conjunction with a variance

petition upon which the courts have never had an opportunity

to rule. If the City wishes to pursue its present strategy, its

amended petition should present sufficient facts to justify this

extraordinary relief (see Galesbu~Sani~~yj~trictv. IEPA,

PCB 77—192, 30 PCB 171, May 25, 1978.)

IT IS SO ORDERED.

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

Control Boar~,hereby certify that the above Order was adopted

on the c~

day of

_________,

1983

by a vote of

_________

Christan L. Mof~j~,Clerk

Illinois Pollutioñ-’Control Board

52-297