ILLINOIS

POLLUTION CONTROL BOARD

July 26, 1973

CITY OP SANThUCH,

)

Petitioner,

v.

)

PCB 73—258

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OP ThE BOARD Içb~Mr. Seaman):

The Environmental Protection Agency,by WilLiam J. Scott,

Attorney General, has filed a Motion to Dismiss without prejudice

the Petition for Variance filed by the City of Sandwich in the

above—captioned cause.

The City of Sandwich has requested a Variance to allow a

construction permit to be issued by the Agency without the

necessity of filing an approvable Project Completion Schedule.

The Agency contends that the request should be construed as an

exemption from Rule 921td) of C’napter

3:

V~aterPollution Regula-

tions of Illinois (Chapter 3)

On June 28, 1973, this Board approved a proposal to void the

effectiveness of Rule 921(d) and remove it from Chapter 3. On

June 20. 1973, the Agency issued to the City of Sandwich a

sui:~):Lementa1 Permit #1972-AB-473-2, thereby extending the construc-

tion permit deadline from June 26, 1973 to June 26, 1975. The

Agency

submits

that, on the basis of the facts set out above,

the Petition for Variance should be dismissed on the ground of

moo tness.

The Petition for

Variance of the City of Sandwich is hereby

dismissed without prejudice, as this Board

is satisfied that the

cause has been rendered moot.

TI

IS SO ORDERED,

I, Christan L. Moffett, Clerk

of

the

Illinois Pollution Control

Board, certify

that

the

above Order

was

adopted

by the Board on

the ~

day

of

______,

1973, by a vote of

~

to 0

_____

Jj~

~

8

—

635