ILLINOIS POLLUTION CONTROL BOARD

April

4,

1972

METROPOLITAN SANITARY DISTRICT

v.

)

#

72—24

ENVIRIONMENTAL PROTECTION AGENCY

METROPOLITAN

SANITARY DISTRICT

)

v.

)

#

72—110

ENVIRONMENTAL PROTECTION AGENCY

Opinion

& Order of the Board

(by Mr. Currie):

The Sanitary District

(MSD)

in

its first petition

(#72-24),

filed January 14,

1972,

asked

for

a Variance from the then

deadline of June,

1972 for advanced sewage treatment

at

its East

Chicago Heights sewage treatment plant.

Subsequently we modified

the regulations

to extend

the date

for such treatment state-

wide to December,

1973, because of substantive changes

in treat-

ment requirements.

See Water Quality Standards Revisions,

#R 71-14, March

7,

1972.

The District thereupon filed

a new

petition

(#72-110), asking a variance

from the new standard

applicable

in July of

1972, during the period for constructing

interim improvements prior

to abandonment

of the plant in May

1974.

Since this date is after the new deadline

for advanced

treatment,

we interpret the new petition

(#72-110)

as incorporating

the earlier request

for an extension

to May,

1974, of the

advanced treatment requirement as well.

The second petition states the belief that

the Board by

not scheduling

a hearing on the initial request intended to grant

it.

There is no basis for this belief.

it is common practice,

authorized by Board rules,

to pass

on the merits

of a petition

on the basis of an EPA recommendation without hearing where

a hearing seems unnecessary.

The initial petition remains

before us for disposition.

However, adoption of the new

regulations renders the initial petition moot, since it sought

a variance from provisions no longer in force.

The issues today

are quite different,

as

is indicated by the new peition filed

by the District.

The petition in

#72-24

is therefore dismissed

as moot.

The petition

in #72-110 raises issues we believe can be

resolved without hearing.

They should be expeditiously resolved

so that construction

of interim facilities can proceed.

We

urge

the Agency

to file its recommendation with

the utmost

4—

155

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speed,

especially in light of the

fact that

the District’s

proposed program has been before us and subject to Agency

consideration

for nearly three months.

We call

the Agency’s

attention in this regard to its recommendation

in

the Orland

Park case, MSD v.

EPA,

#71—166

(Sept.

16,

1971).

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

certify that the Board adopted the above, Opinion and Order

this

4th day of April, 1972 by

a vote of

4-0.

4

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