ILLINOIS POLLUTION CONTROL BOARD
April
10,
1975
SANDWICH
IRON FOUNDRY,
Petitioner,
v.
)
PCB 75-47
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by Dr.
Odell)
On February
6,
1975,
the Illinois Pollution
Control
Board ordered Petitioner to
file additional information
within 45 days or have its Petition For Variance be subject
to dismissal for inadequacy.
On April
2,
1975, Petitioner
indicated its reasons for delay in filing the required
information and concluded by stating,
“We shall amend the
petition of February 3, 1975,
as soon as we hear from our
consultant.”
While the delay in the filing of the additional informa-
tion is excusable, we are constrained by the 90-day time limit
under Section
38 of the Illinois Environmental Protection Act
to dismiss this Petition.
Petitioner
is free to refile as soon
as it can meet the requirements
of Rule 401 of the Boardt s
Procedural Rules.
Petition For Variance is dismissed without
prejudice for failure to file sufficient information to permit
the Board to make
a decision on the merits of the Petition for
Variance.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify
that the above Opinion and Order was ad-
opted on the
/~t’1
day of
___________,
1975,
by
a vote of
___
to
c.
16—399