ILLINOIS POLLUTION CONTROL BOARD

February

22,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

##70—9, 71—373

City of Springfield

Preliminary Order of the Board

(by Mr.

Currie):

On November

30,

1971,

Springfield filed

a petition for

reconsideration and amendment to our order of May

12,

1971,

entered against the City in #70-9,

EPA v.

City of Springfield.

The November motion was given

a new docket number for convenience

and notice of

a variance proceeding was published by

the Agency.

The City has applied

for

a corrective order, denying that its

petition was

for

a variance and asking that we

so indicate

and

order the Agency to retract its notices.

We do not think

the nomenclature critical here, except that

the rule requiring our decision within

90 days does

not apply

unless

a variance

is sought.

Since we have not yet received

the Agency’s response to the petition for reconsideration, we

prefer

the City’s appellation, which permits

us to obtain both

sides before deciding the case.

Moreover, whether

the City chooses

to ask for

a variance is the City’s affair.

We therefore grant

the application

for

a corrective order

to the extent of stating

that the petition

for reconsideration and amendment is just

that and is not

a petition for variance.

At

the

same time,

we urge the Agei ~y to make its views known in the immediate future

so that the City’s program can be got moving again.

The pendency

of the petition unresolved

is of no use to anybody.

We

see no need to order

the publication of new notices

retracting the old.

That would be

a pure waste of money.

If

the Agency’s notices have enabled it to obtain relevant information,

so much the better.

I, Christan Moffett,

Clerk of the Pollution Control Board, certify

that the Board adopted the above Preliminary Order this

22nd

day of February,

1972 by

a vote of

5-0.

)

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