ILLINOIS POLLUTION CONTROL BOARD

March 14, 1972

LAESCH DAIRY CO.

v.

)

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PCB 72—93

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie):

Laesch asks additional time to comply with the effluent

standards applicable to its oxygen-demanding wastes. We call

attention to the fact that the regulations, particularly with

regard to dates for c®mpliance, have been amended since

preparation of the petition, and ask the company to reassess

its situation in light of the new regulations. We note that

the date for treatment beyond the level of 20 mg/l BOD and

25 mg/l suspended solids has been altered, but not the date for

achieving those levels. In any event, the petition is

insufficient on an entirely separate ground. The petition

contains no firm program for achieving compliance. The

possibility of connecting to a municipal treatment system is

discussed, but no firm date is set. We cannot grant a variance

of this sort without a firm program. York Center v. EPA,

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72—7 (Jan. 17, 1972). The petition is therefore dismissed

without prejudice to the filing of an amended petition, if

necessary under the revised regulations, setting forth an

acceptable control program.

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

that the Board adopted the above Opinion and Order this 14 th.

day of March, 1972, by a vote of 4—0.

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