ILLINOIS POLLUTION CONTROL BOARD

February

4,

1988

MODINE MANUFACTURING

COMPANY,

INC.,

Petitioner,

v.

)

PCB 88—25

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.D. Dumelle):

This matter

comes before the Board upon Petitioner’s January

25,

1988 Petition For Variance,

seeking relief from

35

Ill. Adm.

Code

302.212 and 304.105.

The Petition

is incomplete insofar

as

it fails

to include a

plan of eventual compliance.

Petitioner should be aware

that its

intention

to challenge

the regulations

is not a sufficient plan

of compliance.

Requirements

for contents

of a petition

for

variance are set forth at 35

Ill. Adm.

Code

104.120.

Also,

the Petition indicates an intention to challenge the

regulations pursuant to village

of Carey v.

PCB,

82 Ill. App.

3d

293,

801

(1980).

There

is

a dearth of law on matters related

to

such

a challenge,

to wit:

Standards

of proofs, pleadings,

standards of review, etc....

Petitioner

is ordered to brief

these issues

in its Amended Application.

If Petitioner does not file

an amended petition,

curing the

above noted defects and briefing the

‘Carey issues’ within

45

days

of the date of this Order,

this matter shall be subject

to

dismissal.

IT IS SO ORDERED.

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

Board, hereb~.certifythat

t

above Order was adopted on

the

_______________

day of

_____________,

1988 by

a vote

of

__________________

Illinois Pollution Control Board

86—121