ILLINOIS POLLUTION CONTROL BOARD

January l7~ 1972

VILLAGE OF WILMETTE

v.

)

PCB 72-5

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie)

Wilmette is required to treat or eliminate discharges of

settling basin sludge from its Water Works by July, 1972 (Rules

& Regulations SWB-7). The Village states that “our construction

schedule indicates that these waste facilities will be available

for use by July 1, 1972” but asks that we grant a variance until

December 31 because “it is possible that delays in completion of

the construction project may result in these facilities not being

available until sometime after July, 1972.”

Wilmette is thus seeking an insurance policy against delays

which it does not expect, attributable to causes it does not

suggest. If it should encounter excusable delays, then by all

means it will be in a position to make application for a variance

upon adequate allegations regarding the impact on the waters

if a variance is granted and the hardship on the Village and its

customers if it is denied. See our procedural rules, PCB Regs.

Ch. 1, Rule 401, for the required contents of a petition. But

we cannot grant a blank check permitting any and all delays of

not over six months’ duration, regardless of their justification.

We cannot extend a date for compliance in the absence of allegations

that the extension is necessary. The petition itself tells us

that Wilmette expects to meet the July deadline, and that demonstrates

it is not presently in a position to obtain a variance. We

applaud the Village’s desire to comply fully with the law by not

waiting until the last moment to seek an extension, but on the

basis of the present allegations the request cannot be entertained.

Even if all the allegations were proved at ~ahearing, we could

not grant the variance, and therefore a hearing would be a waste

of time. PCB Regs., Ch. 1, Rule 405(b) (1)

;

City of Jacksonville

v. EPA,

#

70—30, Jan. 6, 1971.

The petition is hereby dismissed.

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

that the Board adopted the above Opinion and Order this

/7

day of January, 1972 by vote of ~

~

.

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