ILLINOIS POLLUTION CONTROL BOARD

July 10,

1975

KENOSHA PACKING COMPANY,

Petitioner,

v.

)

PCB 75—204

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by Dr. Odell):

On May 14,

1975 Kenosha Packing Company filed a Petition

for Variance with the Illinois Pollution Control Board

(Board).

Petitioner sought a variance from Section

9(a) and

(b)

of

the

Illinois Environmental Protection Act and Rule 103(b) (2)

of

the Air Pollution Regulations.

On June

27,

1975 the Illinois

Environmental Protection Agency

(Agency)

filed its Recommenda-

tion of Denial with the Board.

On July

3,

1975 Petitioner

filed

a Motion To Withdraw Petition For Variance.

Petitioner

stated that because of a stipulation and agreement

in the

enforcement case,

Environmental Protection Agency

v.

Kenosha

Packing Co. PCB 75-122,

“there

is no need on the part of

~titioner.

.

.for variance referred

to above.”

Petitioner

moved on July

7,

1975 that the Board strike and dismiss the

Agency Recommendation of June

27,

1975.

We grant the Motion to Withdraw Petition for Variance.

This grant should not be construed as an approval or disapproval

of any stipulation and agreement on the pending action,

PCB 75-122.

If the stipulation and agreement should later be found unsatis-

factory, Petitioner

is free to file another variance petition.

Petltioner’s motion of July

7,

1975

is rendered moot by this

Order of dismissal.

Petition for Variance is dismissed without prejudice.

IT

IS SO ORDERED.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

/o~’

day of July,

1975 by

a vote of

~-O

Christan

L. Moffet~ ~lerk

Illinois Pollution

6litrol Board

18

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