ILLINOIS POLLUTION CONTROL BOARD

June 25, 1981

CITY

OF

ASSUMPTION,

)

Petitioner,

V.

)

PCB 81-103

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by D. Satchell):

On

June

19, 1981 the City of Assumption filed a petition for

a

variance

from

conditions

of NPDES permit #1L0020907.

The peti-

tion requests “modification of the requirement now in effect for

chlorination

of

sewage

effluent”

and

for “deletion of interim

fecal

coliform

limitations of

400

per

100

ml”

and

monitoring

re-

quirements.

Section

35

of

the

Illinois

Environmental

Protection

Act

does

not

authorize

variances

from

permit

conditions.

Permit

modification

may

be

obtained

from

the

Illinois

Environmental

Protection

Agency

(Agency)

pursuant

to

application

for

permit

modification.

Where

a

variance

from

Board

regulations

is

required

prior

to

modification,

Rule

914

of

Chapter

3

provides

for

permit

modification pursuant to Board Order.

Board regulations do not

require chlorination of sewage effluents or establish monitoring

frequencies.

However, Rule 405 of Chapter

3 establishes

a limita-

tion of 400 fecal coliforin per 100 ml.

Procedural Rule 401(a) (1)

requires a clear and complete statement of the precise extent of

the relief sought.

The petition is deficient in a

number

of other respects, in-

cluding failure to include all information required by Procedural

Rules 401(a) (2) through 401(a) (10)

.

Notable

deficiencies

include

failure

to

give

data

indicating

fecal

coliform

and

other

contami-

nant

levels presently discharged or water quality levels

in the

receiving

stream;

interim

levels

achievable;

and,

identification

of

and

a

discussion of impacts on downstream users.

This matter will be subject to dismissal unless an amended

petition

addressing

the

noted

deficiencies

is

filed

within

forty—

five

days

of

the

date

of

this

Order.

The

decision

period

will

commence

with

the

filing

of

such

amendment.

IT

IS

SO

ORDERED.

---

—2

—

I, Christan

I~. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on the

L~’~’ day of

‘~

~

1981

by

a

vote

of

________

/,)

I.

4

/

~i

I

/

~

I

~l

/

~

‘~

C

Christan L. Moffett/~C1erk

Illinois Pollution;~Co~tro1Board

42—156