ILLINOIS POLLUTION

CONTROL BOARD

May 16,

1974

VILLAGE

OF LENA

PETITIONER

)

v.

)

PCB

ENVIRONMENTAL

PROTECTION

AGENCY

RESPONDENT

ORDER

OF

THE

BOARD

(by

Mr.

Marder)

This

case

comes

to

the

Board

on

Petition

of

the

Village

of

Lena,

filed February 15,

1974,

for variance from 30 mg/i BOD

interim lim-

itation as listed on its proposed National Pollution Discharge Elim-

ination System

(hereinafter referred to as NPDES) permit~which has

been promulgated by the U.S. Environmental Protection Agency,

until

March 31, 1975.

On February 21,

1974,

the Board ordered Petitioner to file an

amended Petition for the

following reasons, or suffer a dismissal:

:L)

The Petition does not give the dilution ratio of the

tributary

into which the plant discharges;

2)

The Petition makes no mention

of

a determination by the

gency

as to

whether

a

4/5

or 10/12 BOD5

,r’suspended solids standard

applies;

3)

No

effects

of the existing discharge upon the

tributary

or the

environment are detailed

in

any way.

The

Agency

filed

its

::eccmmendation on April 18,

i974~

The

Agency

recommended

that

variance

from

the

proposed

NP.DES

permit

be denied,

as

well

as

recoinmending

denial

of

a

variance

from

Rule

404

(a)

of

Chatter

3

of

the

Board~s

Rules

and

Regulations,

and

a

grant

of

a

var-

iance from Rule

404

(f)

of

Chapter

3

from

December

.31,

2974

untii

March

31,

1975,

subject to certain conditions~

~

:L~~rln~

was held,

The

Board

finds

the amended Petition

in

this matter inadequate

as

does not

state

a request

for

relief

that

the

Board

can

grant.

The

IPeti~ion

requests

variance

from limits in a proposed NPDES

permit~

ThE

Board

cannot

do

this~

First,

the

proposed

~erniit

is

not

a

lecally

er—

forceaule

permit

to

which

the

Village

of

:Lena

is

bound.

Secondl~i,

j~

were

this

a

final

permit,

the

Illinois

Pollution

Control

Board

---

has no jurisdiction to allow variance from a federal permit.

The Agency assumed Petitioner

is asking for variance from certain

regulations of the Board.

Though this is possible, the Board’s Pro-

cedural Rule 401 requires that a petition for variance contain a clear

statement of the relief sought.

It

is the Board’s Opinion that the amended Petition does not meet

the requirements detailed above.

To ask for yet another amendment

would serve no useful purpose.

The wiser course of action would be

to deny the Petition without prejudice.

Should Petitioner wish to

refile for variance,

it should comply with the Board’s Procedural

Rule 401 as closely

as possible.

IT IS THE ORDER of the Pollution Control Board that Petition of

the Village of Lena is denied without prejudice.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution Control

Board,

certify that the above Order was adopted by

he Board on the

/~4~t

day of

__________,

1974,

by a vote of

______

to

p

mnt~6