ILLINOIS POLLUTION CONTROL BOARD

January

30,

1973

DECATUR SANITARY DISTRICT

#72-500

V.

ENVIRONMENTAL

PROTECTION

AGENCY

OPINION

AND ORDER OF ThE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

Petition for variance was filed by the Decatur Sanitary District

requesting a waiver of Rule 921(d)

of the Water Pollution Regulations.

Rule 921(d), Water Pollution Regulations, provides as follows:

“921

Standards for Issuance

The Agency shall not grant any Permit required by this

Part, except an Experimental Permit under Rule 907,

unless the applicant submits adequate proof that the

treatment works,

sewer, or wastewater source:

(d)

if subject to a future compliance date,

the

applicant has an approved Project Completion Schedule

in accordance with the provisions of Rule 1002.”

On October

31,

1972, petitioner filed the project completion

schedule required by Rule 1002(b).

On November 15,

1972,

the Agency

advised petitioner that it could not approve the submitted project

completion schedule because it reflected a completion date of

September 15,

1974, whereas Rule 404(f)

requires that completion be

met by December 31,

1973.

On November 13,

1972, petitioner applied for a permit for Phase IIB

of its upgrading program which project represents the major portion

of work necessary to upgrade petitioner’s treatment plant to meet

water quality and effluent standards.

Petitioner will also be obliged

to secure additional permits for facilities that are part of its

comprehensive upgrading program, designated as Phases

lIlA,

IIIB

and IIIC as set forth in its project completion schedule, all of

which is attached to the variance petition filed herein.

Rule

921(d)

prohibits

the Agency from issuing

a permit for

treatment works unless the applicant has an approved project comple-

tion schedule in accordance with Rule 1002,

which,

of course, peti-

tioner does not have presently.

However, because of the foregoing

b

—

581

---

Rule,

the

Agency

cannot

issue

a

permit

allowing

construction

of

the facilities

involved in PhaSe IIB and subsequent portions of

petitioner’s

upgrading

program.

The

Agency

states,

in

its

Recommendation,

that

granting

the

limited

variance

requested

by

this

petition

will,

in

no

way,

modify

petitioner’s

responsibility

to

meet

all

other

requirements

of

the

applicable

regulations

and

that

insistence

on

compliance

with

Rule

921(d)

will

impede

rather

than

further

petitioner’s

compliance

with

the

necessary

Regulations.

The

Agency

has

also

filed

a

motion

that

we

grant

the

variance

without

hearing,

and

additionally,

has

filed

a

memorandum

in

further

support

of

its

views

that

the

variance

be

granted.

We

are

persuaded

that

the

position

of

the

petitioner,

as

confirmed

by

the

Agency,

has

merit

and

that

a

denial

of

the

petition

would

constitute

insistence

on

a

technical

requirement

that

would

be

in

derivation

rather

than

furtherance

of

the

objectives

of

the

Regulations.

Accordingly,

we

grant

the

variance

as

requested

and

without

hearing.

This

opinion

constitutes

the

findings

of

fact

and

conclusions

of

law

of

the

Board.

IT

IS

ThE

ORDER

of

the

Pollution

Control

Board

that

Decatur

Sanitary

District

be

granted

a

variance

from

the

requirements

of

compliance

of

Section

921(b),

Water

Regulations,

which

will

enable

the

Environmental

Protection

Agency

to

process

petitioner’s

permit

applications,

without

regard

for

said

section.

I,

Christan

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

certify

that

the

above

Opinion

and

Order

was

adopted

on

the

~3o~’

day

~

,

1973,

by

a

vote

of

~.3

to

~?

—2—

6

—

682