ILLINOIS POLLUTION CONTROL BOARD
January 31,
1972
The Village of
Sauget
)
v.
)
PCB 71—287
ENVIRONMENTAL PROTECTION AGENCY
Further Opinion and Order of the Board
(by Mr. Dumelle)
We received a Petition for Reconsideration and for Stay on
January
17,
1972
from the Village of Sauget which asked us to recon-
sider our order of December 21, 1971, by adjusting two interim deadline
dates, granting a variance in excess of one year, and eliminating
the requirement of posting a bond.
Further the Village asked for a
stay of the January 15,
1972 date by which it was required to have
posted a performance bond.
We deny petitioner’s request in each instance.
The petition is
devoid of merit.
Evidence at the hearing showed that in fact
petitioner was on schedule in pursuing its program at that time
(R.
18, 91, Pet. Ex. A attached to Petition for Variance).
The
necessity for the requirement to post a bond grows from the common
history of “slippage” in program schedules of the kind undertaken by
Sauget.
In this regard we note Sauget’s assertion in the instant
petition that
a six week delay was occasioned by
the Village waiting
upon the deliberations of
this Board in another (albeit related)
matter.
The statute which created this Board clearly states that
a variance cannot be granted for a period in excess of one year.
Sauget’s need for the present variance
until December 15, 1972 is
manifest inasmuch as the deadline date in the present regulation of
December 31,
1973
imposes further deadline dates of December
31,
1972
for commencement of construction and July 31,
1972 for submission
of complete plans.
The Board1s grant of a variance in accordance with
the petitioner’s submitted schedule is indeed a genuine and needed
exemption from the presently applic~bleand enforcible regulations.
We order that the instant petition be denied and that petitioner
proceed in accordance with our order of December 21, 1971.
I, Christan L.
Moffett, Clerk of the Illinois Pollution Control Board,
hereby certify the Board adopted the above Further Opinion and Order
on the
~/
day of January, 1972 by a vote of 5~C~
Christan
L. Moffett,/C~k
Illinois Pollution Control Board
3
—
535