ILLINOIS POLLUTION CONTROL BOARD

November

15,

1979

H.

J. BERGMAN BUILDERS,

INC.,

)

Petitioner,

v.

)

PCB 79—228

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Dr.

Satchell):

On

November

1,

1979

H.

J.

Bergman Builders,

Inc.

filed a

petition requesting a variance from Sections 12 and 39 of the

Environmental Protection Act and Rule 962 of Chapter

3:

Water

Pollution.

The petition alleges that the Environmental Pro-

tection Agency denied Petitioner’s application for a sanitary

sewer extension and connection permit because of near contin-

uous bypassing of the Monmouth sewage treatment plant.

The

petition further alleges that the treatment plant

is now in

compliance with the Act and Chapter

3 regulations.

Procedural

Rule 401(a) (5)

requires that a variance petition include data

describing the nature and extent of the present failure to meet

the numerical standards or particular provisions from which the

variance is sought.

Since Petitioner has alleged no violation,

the petition is dismissed.

IT

IS

SO

ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

4Board,

hereby

certify

the

above

Order

was

adopted on

the

/S’~”

day

of

l.-si~

1979

by

a

vote

of

4-a

trol Board

36—147