ILLINOIS POLLUTION CONTROL BOARD

January 8, 2004

 

CITY OF CHARLESTON, ILLINOIS,

 

Petitioner,

 

v.

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Respondent.

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PCB 04-111

(Variance - Public Water Supply)

 

ORDER OF THE BOARD (by J.P. Novak):

 

On January 2, 2004, the City of Charleston, Illinois (City of Charleston) filed a petition

for a variance for its public water supply located in Charleston, Coles County. The City of

Charleston seeks relief from 35 Ill. Adm. Code 611.743(a)(1) until June 30, 2005 to comply with

the regulations.

See

415 ILCS 5/35-37 (2002); 35 Ill. Adm. Code 105.206(a).

 

The requested variance would follow a prior variance granted by the Board on

December 6, 2001, in docket PCB 02-20. That prior variance expired on December 31, 2003.

See

35 Ill. Adm. Code 104.210(c).

 

The City of Charleston has requested a hearing on its petition. The petition meets the

content requirements of 35 Ill. Adm. Code 104.204 and 104.208. However, the Board did not

receive the statutory filing fee from the City of Charleston until January 8, 2004. Accordingly,

the Board finds that a complete and sufficient petition was not filed until January 8, 2004. The

Board accepts the petition for hearing.

 

The Board directs that this matter proceed to hearing as expeditiously as practicable. The

Illinois Environmental Protection Agency (Agency) must investigate the petition for variance

and submit its recommendation within 45 days of the January 8, 2004 filing of the complete

petition, by February 22, 2004, or at least 30 days prior to the date of hearing, whichever is

earlier.

See

35 Ill. Adm. Code 104.206 (2002). The City of Charleston will then be allowed 14

days after the date the Agency recommendation is filed to respond to the recommendation.

See

 

35 Ill. Adm. Code 104.220 (2002).

 

The assigned hearing officer must set the matter for hearing in accordance with the

requirements of the Environmental Protection Act and the Board’s procedural rules. It is the

responsibility of the hearing officer to guide the parties toward prompt resolution of this matter,

through whatever status calls and hearing officer orders he determines are necessary and

appropriate. Hearings will be scheduled and completed in a timely manner, consistent with the

decision deadline (

see

415 ILCS 5/38(a) (2002)), which only the City of Charleston may extend

by waiver (

see

35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision

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deadline, the City of Charleston “may deem the request granted.” 415 ILCS 5/38(a) (2002).

Currently, the decision deadline is May 7, 2004 (the 120th day after January 8, 2004).

See

35 Ill.

Adm. Code 104.232. The Board meeting immediately before the decision deadline is scheduled

for May 6, 2004.

 

IT IS SO ORDERED.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on January 8, 2004, by a vote of 5-0.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board