ILLINOIS POLLUTION CONTROL BOARD
June 18, 2009
SANITARY DISTRICT OF DECATUR,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-125
(Variance - Water)
ORDER OF THE BOARD (by G.T. Girard):
On June 15, 2009, the Sanitary District of Decatur (District) filed a petition for a variance
for the District’s wastewater treatment plant located in Decatur, Macon County. The District
seeks relief from 35 Ill. Adm. Code 302.208(e) and from 35 Ill. Adm. Code 304.105 as the rules
apply to establishing water quality based effluent limits. The District is seeking a variance term
until July 1, 2014, to comply with the regulations relating to the discharge of zinc and nickel.
See
415 ILCS 5/35-37 (2004); 35 Ill. Adm. Code 104.200(a).
The District has waived a hearing on its petition. The petition meets the content
requirements of 35 Ill. Adm. Code 104.204, and 104.208. The Board accepts the petition.
However, the Board through its hearing officer, may direct petitioner to provide additional
information concerning the requested variance.
See
Petition of BFI Waste Systems of North
America, Inc. for Waste Delisting, AS 08-5, slip op. at 1 (Jan. 10, 2008) (accepting petition for
hearing while noting that orders may issue requiring more information from petitioner before or
at hearing).
The Agency or any person may file an objection to the grant of a variance and request in
writing within 21 days of the filing date of the petition, by July 6, 2009 (which is the first
business day following the 21st day after the filing date), that the Board conduct a hearing on the
petition.
See
35 Ill. Adm. Code 104.224. The Board will then set this matter for hearing, and
direct that this matter proceed to hearing as expeditiously as practicable.
IT IS SO ORDERED.
I, John Therriault, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on June 18, 2009, by a vote of 5-0.
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John Therriault, Clerk
Illinois Pollution Control Board
