ILLINOIS POLLUTION CONTROL BOARD

August 29, 1972

DANVILLE SANITARY DISTRICT

v.

)

#72—347

ENVIRONMENTAL PROTECTION AGENCY

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

The DanvIlle Sanitary District asks a variance from the

requirement of PCB Regs, Ch. 3, Rule 4O4(~) that advanced

sewage treatment facilities be completed by December 31,

1973, which itself was an extension by a year and a half of

the

deadline in the former regulations. The petition is quite

brief, stating by way of justification only that it is

presently estimated that plans for the ~cility will be com-

pleted by December 1973 and construction thirty months later.

No facts are stated as to such essential matters as the pre-

sent plant effluent, the stream condition, or the reason for

falling so far behind (we note the possibility that the plan

schedule of December 1973 may be a typographical error for

1972). The allegations are not sufficient to inform us or

the Environmental Protection Agency, which must investigate

and evaluate the petition, as to the facts on which the

District bases its variance request. Nor is it clear from

the petition that the District is prepared to prove facts

which under our precedents would justify the grant of a

variance. We think no one would benefit if we held a hear-

ing only to discover that an important factual element of the

District’s case had inadvertently not been established.

We must therefore dismiss the petition without preju-

dice to the filing of a more detailed petition. We call

the District’s attention to our procedural rule 401, which

spells out the types of facts that must be alleged in a petition,

and to our decision in Decatur Sanitary District v. EPA,

#71—37 (March 22, 1971)

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

certify that the Board adopted the above Opinion & Order

this

~?9

~

day of August, 1972, by a vote of

‘~- ~‘

~