ILLINOIS POLLUTION CONTROL BOARD

December

2,

1982

IN THE MATTER OF:

AMENDMENTS

TO

TITLE

35:

ENVIRONMENTAL PROTECTION;

)

R82-25

SUBTITLE

C:

WATER POLLUTION;

CHAPTER I:

POLLUTION CONTROL BOARD;

PART

304;

SUBPART B

(DEAN FOODS!

CHEMUNG SITE—SPECIFIC RULES)

ORDER OF THE BOARD

(by J,D.

Durnelle):

This

matter

comes before the Board upon an October 28,

1982 amendment to Dean Foods’ September

14,

1982 petition for

site—specific regulatory change which was filed in response

to the Board~s October 14,

1982 Order

in this matter.

The

amendment points out that the relief requested regarding the

discharge sampling point

is the same relief requested in Dean

Food’s pending NPDES permit appeal

in PCB 81—151.

Thus, this

portion of the regulatory proceeding may be mooted

in the near

future.

While relief from the suspended solids limitation

of

Section 304.120 would be unaffected by that appeal, the Board

finds that the authorization of hearings at this time could lead

to duplicative and wasteful proceedings.

Further, the hearing

officer for PCB 81—151 has indicated his intention to expedite

the permit appeal and at a later date,

if regulatory relief

remains necessary,

it may well

be appropriate to incorporate

that record into this proceeding.

For those reasons the Board wiU

not authorize hearings

in

this matter at this time.

IT

IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Boa~rd,hereby certify that the above Order was adopted

on

the

~

day of

~

—,

1982 by a vote of

~

~ ~

: ~

—

Christan

L. Moff~tt,Clerk

Illinois Pollution Control Board

50- 109