ILLINOIS POLLUTION CONTROL BOARD
August 15, 1972
VILLAGE OF BRADFORD,
)
)
Petitioner,
)
vs
)
PCB 72—337
)
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 11, 1972. Petitioner seeks
to avoid construction of temporary chlorination facilities pending com-
pletion of financing for, and construction of, additional sewage treatment
facilities.
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 addition-
al 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 by petition-
er that the 90 day period provided for in Title 9, Section 38 of the
Environmental Protection Act shall commence as of the date of filing of
the amended petition.
Petitioner’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
responsible 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—317, 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 Board, certify that
the Board adopted the above Preliminary Order this 15th day of August,
1972, by a vote of 5—0,
Christan L. M~~tt
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