ILLINOIS POLLUTION CONTROL BOARD

October 24,

1972

CENTRAL SOYA CO.

v.

)

#

72—320

ENVIRONMENTAL PROTECTION AGENCY

Opinion

& Order of the Board

(by Mr. Currie)

Central Soya asks

a one-year extension of the deadline

for compliance with the effluent standard for fecal coliform,

alleging that other wastewater treatment improvements now in

progress will make interim chlorination facilities costing

some $30,000 obsolete in

a short time.

Thinking the case

likely to be capable of resolution on the pleadings,

we

scheduled no hearing pending receipt of the Agency’s recommenda-

tion.

That recommendation raises substantial questions

as

to the propriety of granting a variance,

indicating the desir-

ability of

a hearing to develop the facts~ Were it not for the

imminent expiration of the 90-day period within which we must

enter an order, we should simply set the case for hearing.

If a timely waiver of the 90—day requirement is

filed, we

shall do just that in order to save time and effort.

In the

absence of such a waiver, however,

the variance will stand

as dismissed without prejudice,

for the allegations before us

are insufficient to justify the grant of

a variance, especially

in light of the bare conclusion that no harm to the environ-

ment will be caused if the variance is granted.

It is so ordered.

I,

Christan Moffett, Clerk of the Pollution Control Board,

certify

that

the

Board

adopted

the

above

Opinion

&

Order

this

24th

day

of

October,

1972,

by

a

vote

of___________

~/

,(

6

—

47