ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1977
    OLIN CORPORATION
    (EAST
    ALTON),
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 77—56
    )
    )
    ENVIRONMENTAL ~PROTECTIONAGENCY,
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Goodman):
    Olin
    Corporation
    (Olin)
    filed
    its
    Petition
    for
    Review
    and/or
    Variance on February 18,
    1977, asking the Board to review the factual
    and legal determinations of the Agency in imposing conditions upon
    Olin’s NPDES permit No.
    IL 0000230.
    In the alternative, Olin requests
    the Board grant variance from applicable regulations.
    In Environmental Protection Agency
    v. Peterson/Puritan, Inc.,
    PCB 75-303
    (December 18,
    1975),
    the Board, after entertaining briefs
    from both parties concerning the issue of whether the Board has juris-
    diction for enforcement complaints alleging violations of NPDES per-
    mits,
    said:
    It is the Opinion of the Pollution Control Board
    (Board)
    that prior to the States assumption of admini-
    strative authority for the NPDES permit system under the
    Federal Water Pollution Control Act Amendments of 1972,
    P.L.
    92-500,
    this Board lacks jurisdiction
    to adjudicate
    cases involving either the failure to possess an NPDES
    permit or operation in violation of the terms and condi-
    tions of such a permit.
    Although Peterson/Puritan involved an enforcement action with re-
    gard to an issued NPDES permit, and the instant case involves the
    —
    151
    —2—
    Illinois Environmental Protection Agency
    (Agency)
    certification of
    Olin’s NPDES permit,
    the Board’s finding
    in Peterson/Puritan will
    be
    extended to this case.
    Olin cites Section
    40 of the Environmental Protection Act
    (Act)
    which provides for a
    hearii~igand~re~iewby
    this
    Board
    of the Agency’s
    refusal
    to grant
    a permit under Section
    39 of the Act.
    Section
    39(b)
    of the Act authorizes the Agency to issue NPDES permits upon authori-
    zation by
    U.S.
    EPA, which authorization Olin admits has not been
    granted.
    Olin claims it has no other forum in which
    to obtain a hear-
    ing for the purpose of contesting the conditions imposed by the Agency
    in Olin’s new NPDES permit.
    However, the Board finds
    that until such
    time
    as the Administrator of the United States Environmental Protection
    Agency approves and delegates tø’~theState of Illinois authority
    to
    administer the NPDES permit system,
    it is without jurisdiction to
    review the conditions imposed by theAgency upon its certification of
    a NPDES permit pursuant to Section
    4(m)
    of the Act.
    Olin’s Petition
    for Review is therefore dismissed.
    Olin’s alternative petition for variance
    is totally inadequate.
    The Board, therefore,
    strikes the petition but grants Olin leave
    to
    file
    a new petition for variance.
    IT ISSO ORDERED.
    1,
    Christan
    L. Moffett,
    Clerk of
    the
    Illinois
    Pollution
    Control
    Board,
    hqreby
    certify
    the
    ~bo~reOrder was adopted on the
    /.211
    day
    of_~~~.
    ,
    l97~7by
    a
    vote of
    ‘/-O
    *
    Christan
    L. MoffeI~~JClerk
    Illinois PollutiorY~ontrolBoard
    2~—
    152

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