ILLINOIS POLLUTION CONTROL BOARD

November

28, 1972

VILLAGE OF COULTERVILLE

v.

)

4~72—248

ENVIRONMENTAL PROTECTION AGENCY

Paul Nehrt and Edward J.

Fisher, for Village of Coulterville

Thomas A.

Cengel, Assistant Attorney General,

for the Environ-

mental Protection Agency

Opinion

& Order of the Board

(by Mr. Currie)

Coulterville originally requested

a variance from PCB

Regs.,

Ch.

3,

Rule 405, which requires reduction of fecal

coliforms in sewage treatment plant effluents to 400/100 ml

by July,

1972.

At the hearing, however,

the Village indicated

that

it has ordered plans for interim chlorination facilities

drawn up, has ordered the equipment,

and will comply with

the regulation within 30

to 90 days after Agency approval of

the plans

(R.

12,

16-17,

21,

25).

This evidence demonstrates

that the Village no longer needs the relief sought and that

the variance originally requested is no longer desired.

The petition is therefore dismissed.

The record contains information as

to the Village~s

program for compliance with future effluent requirements for

biochemical oxygen demand and suspended

solids, with the

suggestion that the program

is dependent upon federal and

state

subsidies and may be delayed by the perceived unavail-

ability of such subsidies in the immediate future

(R. 10-11).

We have no request before us for a variance from these standards.

The Village

is free to file such further request for relief

as it sees fit in light of our holding that the absence of

federal and state subsidies

is no excuse for a municipaiity1s

failure

to meet its obligation to stop polluting.

City of

Mattoon v. EPA,

#71—8,

1 PCB 441

(April 14, 1971)~.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify t~atthe Board adopted the above Opinion

& Order

this

~‘__day of

,

1972,

by a vote