ILLINOIS POLLUTION CONTROL BOARD
    March 13, 1975
    THE
    CITY
    OF ST. CHARLES,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 75—21
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    OPINION & ORDER of the Board (by Mr. Zeitlin)
    This Variance Petition was filed by the City of St. Charles (St.
    Charles) on January 16, 1975. The Petition asks for a second extension
    of a variance originally granted by the Pollution Control Board (Board)
    on September 26, 1973, and also for an extension of time in which to
    complete construction ordered by the Board in conjunction with its
    initial variance grant. Both extensions are requested for the period
    January 30, 1975 to Maro~15, 1975.
    The Board in City of St. Charles and Swift and Company v. EPA, PCB
    73—247, 9 PCB 343 (1973), granted St. Charles a variance from Rule 404(b)
    until August 15, 1974, permitting it to discharge BOD5 and suspended
    solids in amounts up to 25 mg/i and 37 mg/l, respectively. In that
    Order the Board also required that St. Charles complete construction of
    final tanks for its plant expansion by August 15, 1974. A performance
    bond of $5,000 was required to insure the construction of those tanks.
    In the subsequent case of City of St. Charles v. EPA, PCB 74—176,
    13 PCB 269 (1974), the variance and construction completion requirements
    of PCB 73—247 were both extended until January 30, 1975. In the Opinion
    accompaning those extensions, the Board stated that it would serve no
    valid purpose to deny such an extension. The Board found that Petitioner
    had exercised good faith and pursued compliance with “all deliberate
    speed.” 13 PCB at 270. The reason given for the extension granted by
    the Board in PCB 74—176 was the delayed delivery of the equipment necessary
    to complete construction of the final tanks noted above.
    In requesting this short further extension, St. Charles again
    states that it has been unable to obtain delivery of certain critical
    parts and equipment. Such parts and equipment, ordered by St. Charles
    in February of 1974, include motor controls on final tank return sludge
    pump, meters for discharge of sludge pump, and Walker process cross
    collectors. St. Charles now states that delivery for these items should be
    complete by February 15, 1975, and that the project should be completed
    and operational no later than March 15, 1975. St. Charles again states
    that it has made every effort to complete this project on schedule, and
    that it has operated in complete good faith.
    16
    —
    155
    —2—
    In its Recommendation in this matter, the Environmental Protection
    Agency (Agency) states a belief that these delivery delays are in fact
    beyond the control of Petitioner. The Agency states that current demand
    has left many pollution control devices in short supply. Although the
    Board is unwilling to accept, in the absence of concrete proof, that
    such a general shortage exists, it is nontheless willing to accept such
    an unreputed allegation for the purposes of making its determination in
    this case.
    The Agency Recommendation did note, however, that Petitioner has
    had difficulties in meeting the BOD and suspended solid limfts set by
    the Board’s Order in
    PCB
    73—247 and
    continued in
    effect under the extension
    granted in PCB 74—176. The Agency also states, though, that the problems
    which have occurred in meeting the 25 mg/l and 37 mg/1~limitshave been
    the result of operational difficulties and breakdowns incident to the
    construction project and to new equipment shake—down. The Agency feels
    however that these difficulties either have been or will be overcome.
    The Board agrees with the Agency that once again it would serve no
    purpose to deny this extension. It appears that St. Charles has again
    acted in complete good faith, and will soon be in compliance with all
    applicable Board Regulations. The period covered under this extension
    is quite short, and we feel that no unreasonable damage to the environment
    will result if the extension
    is
    granted.
    This Opinion constitutes the findings of fact and conclusions of
    law of the Board in this matter.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that Petitioner City
    of St. Charles be granted a variance from Rule 404(b) of the Board’s
    Water Pollution Regulations from January 30, 1975 until March
    15,
    1975,
    subject to the following conditions:
    1. Petitioner
    shall not cause or allow concentration of its effluent
    greater than 25 mg/i BOD and 37 mg/i suspended solids.
    2. Construction of the final tanks discussed in the accompaning
    Opinion shall be completed, and those tanks operating, by March 15,
    1975.
    3. Petitioner shall arrange to have the bond posted in compliance
    with the Board’s Order in PCB 73—247, and extended by the Board’s Order
    in PCB 74-~l76, extended to cover installation of equipment and construction
    as required by this Order, such bond to be posted within 30 days of the
    entry of this Order.
    16
    —
    156
    —3—
    4. Petitioner shall continue compliance with the conditions stated
    in paragraphs 3 and 5 of the Board’s Order in PCB 74—176.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify th~above Opinion & Order were adopted on the
    ~ day of ~
    ,
    1975 by a vote of 1/ to ~
    Q_~1
    Christan L. Moffett,J
    ~
    1~4rk
    Illinois Pollution C&tk~olBoard
    16
    —
    157

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