ILLINOIS POLLUTION

CONTROL BOARD

November 21, 1972

VILLAGE OF LENA

#72—443

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE 

BOARD (BY SAMUEL T. LAWTON, JR.)

March 2, 

1972, 

in case Village of Lena v. Environmental

Protection Agency, #71-384, 3 PCB 709, a variance was granted to

the

Village extending the SWB-14 compliance dates for treatment

and effluent

standards

with

respect to its sewage treatment

plant, to December 1, 1972. The Village’s 

waste

treatment plant

has an effluent flow rate which dilution ratio is less than 1 to

1, whiCh under SWB-14 required an effluent of 4 mg/l BOD and 5 mg/i

suspended solids, originally to be met under the Regulation by

July, 1972. On March 7, 1972, a new Regulation (#R71—14) was

adopted establishing a December 31, 1973 deadline for achievement

of the same standards by treatment plants categorized as that of

petitioner (Rule 404(f), Part IV, Effluent Standards, Chapter 3,

Water Pollution)

On November 13, 1972, we received a letter from Nicholas J.

Meifer, Jr., Attorney, on behalf of the Village of Lena, stating

that its construction program would be commenced in the spring of

1973 and would be completed by December 1, 1973, The letter in-

quires whether the general extension of compliance time contained

in the Regulation would be applicable to the Village, or whether

it woulG be necessary to grant a special extension of time beyond

that provided in our March 2, 1972 Order.

While we do not render advisory opinions, we construe Mr.

heifer’s letter as a variance petition on behalf of the Village and,

accordingly, dismiss the petition as moot, holding that the extended

date contained in our new Regulation is applicable to the Village

of Lena, as it is to all other effluent sources similarly situated.

We find no need to amend the previously granted variance as it has

been superseded by the Regulation above quoted, See City of Elmhurst

v. Environmental Protection Agency, #71—389, 4 PCB 63 (March 14, 1972);

ëity of Fairfield

v. Environmental

Protection~gency,

#72—58,

Edwards

Nobile 

Home Park v. Environmental Protection

Agency, #72-88, Marmion

Military Academy v. 

Environmental Protection Agency, #72—90, 4

PCB

(March 14, 1972), NSSD 

Environmental Protection Agency, #72~367r

PCB

(October 24, 19

I, Christan Moffett, ClerL ~f the Pollution Conbro~ Board, certify that

the

above Opinion and Order was adopted

on the ~J~~day of

1972, ny a vote of

lj

E~L

(1 /