ILLINOIS POLLUTION CONTROL BOARD
    August 29,
    1914
    )
    VILLAGE OP BENSENVILLE
    )
    )
    )
    v.
    )
    PCB 74-151
    )
    )
    ENVIRONMENTAL
    PROTECTION AGENCY
    )
    )
    OPINION
    AND
    ORDER
    OP
    THE
    BOARD
    (by
    Mr.
    Dumelle):
    The Village of Bensenville filed for variance from Rules 404(f),
    921(d)
    and
    1002 of the Water Pollution Regulations on April 25,
    1974.
    The petition asks that the variance granted until May
    3,
    1914 in PCB 72-481 be extended to December 31,
    1974.
    No public
    hearing was held.
    The Board entered an order on May
    2 requesting that the
    record in PCB 72-481 be stipulated to be included in this proceeding.
    This was done by the Village on June 5, 1974.
    The Agency filed its recommendation on July 1,
    1974.
    It
    believes that the variance request is moot because of Board
    adoption of Rule 409 (R73-3, July 19, 1973).
    Rule 409(a) postpones
    effluent standards of Rule 404(f) until December 31, 1914?which
    is the exact date requested in this procee4ing.
    Thus no violation
    could occur and a variance could not be issued absent a violation.
    Rule 409(a)(ii)
    automatically adjusts project completion
    schedules and thus variance from Rule 1002 is not necessary.
    Finally, Rule 921(d) was deleted by the Board and is thus not
    applicable.
    The Board agrees with the Agency recommendation and dismisses
    the variance as moot.
    ORDER
    The variance
    is dismissed without prejudice as moot.
    IT IS SO
    ORDERED.
    I, Christan L. Moffett
    Clerk of the Illinois Pollution Control
    BoarØ. hereby certify the alove Opinion and Order were adopted on the
    ~j~,day
    of August, 1974 by a vote of
    Sq
    ~stanL.Moffett,fr~
    13—379

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