ILLINOIS POLLUTION CONTROL BOARD
    June
    27,
    1972
    ELGIN SANITARY DISTRICT
    #72—211
    V.
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    ORDER
    OF
    THE
    BOARD
    (BY
    SAMUEL
    T.
    LAWTON,
    JR.)
    Petitioner
    seeks
    a
    variance
    of
    Rule
    404(b)
    to
    July
    1,
    1973
    in
    lieu
    of
    July
    1,
    1972
    as
    therein
    provided,
    to
    bring
    the
    BOD
    and
    suspended
    solid
    components
    of
    its sewage discharge
    to
    20
    mg/i
    and
    25 mg/i, respectively.
    The petition sets forth
    the
    character
    of
    p~titioner’s
    operation,
    the
    average BOD and suspended solid read-
    ings for the months from March,
    1971 through February, 1972 inclu-
    sive,
    the time schedule it has pursued to bring its sewage treat-
    ment facilities
    into compliance so far, and the nature of the
    proposed future improvements.
    The Environmental Protection Agency has filed a motion to dis-
    miss
    the petition for variance contending that the petition has
    failed to comply with
    Rule 401(a)
    of the Regulations of the Pollution
    Control
    Board.
    We
    believe
    the
    petition
    adequately sets forth the
    required
    matters
    and
    is
    not defective for failure to comply with
    Rule
    401(a)
    of
    the
    Board
    Regulations.
    The
    motion
    to
    dismiss
    is
    denied.
    The
    Environmental
    Protection
    Agency
    is
    ordered
    to
    file its recommendation pursuant to statute.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    Moffett,
    Clerk
    of
    the
    Pollutioi~,
    Control
    Board,
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the~~?
    day
    of June,
    A.
    D.
    1972,
    byavoteof4’to
    ~
    4
    —
    721

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