ILLINOIS POLLUTION CONTROL BOARD
    March
    11,
    1976
    ALTON BOX BOARD
    CO..,
    Petitioner,
    v.
    )
    PCB 75—496
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    The Petition for Variance in this matter was received by the
    Board on December
    22,
    1975.
    On January
    8,
    1976,
    the Board entered
    an Interim Order consolidating this matter with an enforcement
    action,
    EPA v.
    Alton Box Board Co., PCB 75-508,
    filed by the Attorney
    General ~
    m~
    1,175.
    The statutory decision period on the
    Petition for Variance
    (PCB 75—496)
    is March 21,
    1976.
    However,
    the
    consolidated cases were set for public hearing on April
    22,
    1976.
    On March
    9,
    1976, the Board received
    a
    “Motion for Interim
    Variance” from Alton Box Board Co.
    (PCB 75-496),
    and an accompanying
    document entitled,
    “Waiver.”
    In the Motion, Alton asks
    that the
    Variance granted
    by the Board in PCB 74-491
    (March 26,
    1975; May 22,
    1975)
    be extended on an interim basis from the present expiration
    date of April
    6,
    1976 until May 20,
    1976.
    Alton states that this
    additional period will allow the Board sufficient
    time to review
    the entire record
    in the consolidated cases
    (PCB 75-496 and 75-508)
    before the Board meeting scheduled for May 20,
    1976.
    Alton expressly conditions
    its “Waiver” of its right to a
    decision in PCB 75-496 on
    a Board grant of its requested Interim
    Variance.
    Alton’s attempt to require such a grant
    is wholly unacceptable
    under
    these circumstances.
    The grant of any Variance requires that
    the Petitioner prove,
    as a minimum,
    that
    ~TY
    failure of the Board
    to grant the requested Variance would work an unreasonable hardship
    on Petitioner;
    (2)
    on balance the grant of a Variance will not unduly
    harm the environment or the public health;
    and
    (3) Petitioner
    is
    proceeding under a compliance plan to achieve compliance with the
    provisions from which a Variance is sought.
    Alton has
    failed
    to
    sufficiently prove these matters.
    20—279
    —2—
    As a result, we are unable to grant the requested Interim
    Variance and,
    therefore,
    take the following actions:
    1.
    The January
    8, 1976
    Interim Order of the
    Board consolidating PCB 75—496 with PCB 75—508
    is
    reversed.
    That portion of the Order setting
    PCB 75-508 for hearing will,
    however, remain in
    effect.
    2.
    Alton Box Board Co. ‘s request for Variance
    in PCB 75-496
    is dismissed without prejudice,
    for
    the reasons stated above.
    IT IS SO ORDERED.
    Mr. James Young abstained.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Order was adopted on
    the
    ~
    day of
    _________,
    1976,
    by a vote of d/-Q.
    Christan
    L.
    Moff
    C erk
    Illinois Polluti
    ontrol Board
    20—280

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