ILLINOIS POLLUTION CONTROL BOARD

March

2,

1978

DERBY MEADOWS UTILITY COMPANY,

Petitioner,

v.

)

PCB 77—153

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Young):

On February

9,

1978, Petitioner Derby Meadows Utility

Company filed a Motion for Issuance of Operating Permit

and Modification of Board Order in this variance proceeding.

Section 12(f) of the Act provides that no person shall

discharge any contaminant to the waters of the State without

an NPDES permit issued by the Agency under Section 39(b)

of

the Act.

Issuance of NPDES permits is governed by Part IX

Subpart A of Chapter

3 of the Board~sRules and Regulations

(see Board Order dated November 10,

1977,

in R76-4).

Rule 902(g) of Chapter

3 provides

that any person having

an NPDES permit issued by the USEPA for an existing discharge

which will substantially change in nature or increase in

volume or frequency must apply for an NPDES permit.

On

receipt of such application,

the Agency shall process the

application in accordance with the procedures set forth in

Part IX Subpart A of Chapter

3.

The Motion is denied.

Mr. Werner dissents.

IT

IS SO ORDERED.

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

Control

Board, hereby ce tify the above Order was adopted

n

the ~

day of

çy~44~J~

,

1978 by a vote of

Illinois Pollution

ontrol Board