ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    May
    12,
    1971
    NATIONAL GYPSUM CO.
    )
    )
    )
    v.
    )
    41
    71—99
    )
    )
    ENIVRONMENTAL
    PROTECTION
    AGENCY
    )
    i4ernorandum
    Order:
    National
    Gypsum
    seeks
    a
    variance,
    alleging
    it
    was
    unable
    to meet the April
    15,
    1971
    deadline
    approved
    by the Air Pollution
    Control Board for correction of a particulate problem.
    The
    company
    now proposes to comply
    by
    July 15, 1971.
    Although th.2
    date
    may well
    be
    past
    before
    a
    hearing
    can
    be
    completed,
    we
    think
    a hearing is desirable both to determine whetner the delay was
    excusable tor purposes of possIble money penaltIes and to determine
    that compliance will in fact be achieved by the new date.
    Not
    to schedule a hearing
    .tn such a ease would mean that anyone could
    obtain an extension of two to three months simply by asking for
    it.
    It
    is notewcrthy that this petition was not fIled until
    after the earlier compliance date had ;assed.
    The petition Is inconnlete
    ifl
    several
    respects and shoula
    be amended before tne hearIng.
    There
    is no alleçation as to
    the hardship that would he suffered ~y the conpav,
    .t the pet±tlcn
    were to be denied; as to the excuse for noncomplIance wSth the
    deadline; or as to the harm to the neighbors if the vatCance is
    granted.
    t shcu.d be clear to the company that
    if’
    it
    continues
    to operate during thLs period it does so at its own ri3i~.
    It
    could have avoided such a
    risic by filing its extension r~ueat
    on time.
    A hearing w~flbe held.
    I, Regina E.
    Ryan, Clerk of the Poflution Control Board, ~ert2ty
    that the Board adopted the above ?~emoraridunOrder this
    12
    day of
    Nay
    ,
    1971.
    1-•599

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