ILLINOIS POLLUTION CONTROL BOARD

August 15, 1972

VILLAGE OF GLASFORD,

)

)

Petitioner,

)

vs

)

PCB72—33l

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

Respondent.

)

PRELIMINARY ORDER (by

Mr.

Parker):

This variance proceeding was commenced by the filing of a petition

with the Pollution Control Board on August 8, 1972. Petitioner seeks to

avoid construction of temporary chlorination facilities pending completion

of financing for, and construction of, a sewage treatment facility.

We find that information in addition to that set forth in the petition

will be required in support of the request for a variance, and herewith

order that petitioner file an amended petition with the Board on or before

September 1, 1972, the amended petition to contain additional information

consistent with the requirements of our Procedural Rule 401, including

facts as to the feasibility and cost of temporary chlorination facilities

and the effects upon the receiving stream or creek. The amended petition

should also include a statement bypetidoner that the 90 day period pro-

vided for in Title 9, Section 38 of the Environmental Protection Act shall

commence as of the date of filing of the amended petition.

Petitionet’s statements concerning its lack of funds and the attempts

which have been made to secure State and Federal financing have been noted.

We remind petitioner, however, that the primary obligation of complying

with the water pollution and other state regulations rests upon the local

government, i.e. the petitioner in this case. Municipalities are respon-

sible for complying with the laws with or without the aid of state or

federal assistance (see City of Matoon v. EPA, PCB71—8, decision dated

April 14, 1971, Sanitary District of Durand v. EPA, PCB71—3l7, decision

dated October 18, 1971, EPA v. City of Marion, PCB71—25, decision dated

October 28, 1971).

In the absence of the filing of an amended petition on or before

September 1, 1972, the original petition will be subject to dismissal.

I, Christan Moffett, Clerk of the Pollution Control Boa~~certify that

the Boa d adopted the above Preliminary Order this

,‘4 ‘

day of

____________

1972, by a vote of

...~- 0

Christan L. Moff t