ILLINOIS POLLUTION CONTROL

BOAPJJ

March

26,

1975

EARLY AND DANIEL COMPANY,

Petitioner,

v.

)

PCB 74—368

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

Mr.

Robert

W.

Thomson,

attorney

for

Petitioner.

Mr~William A.

Erdman,

attorney

for Respondent.

OPINION AND ORDER OF THE BOARD

(by Dr.

Odell)

On May 9,

1974,

in Environmental

Protection Agency v.

E~1

md Daniel

Compan1

PCB

73-454,

12 PCB

237

(May

9,

1974),

the Illinois Pollution Control Board

(Board)

ruled that Early

and Daniel Company

had violated Section

9(a)

of the Illinois

Environmental Protection Act

(Act).

In that Order, the Board

gave Early and Daniel until October

1,

1974,

to install equip-

ment to control emissions from its truck dump and railroad load—

out area at its grain elevator in Sheldon, Illinois.

On

September

30,

1974, Petitioner sought a variance from the October

1,

1974,

Board deadline

for

installation

of control equipment for

the truck dump and railroad load-out areaas

set out in Orders

:3(a)

and 3(b)

of the May

9,

1974, Opinion and Order.

On October

10, the Illinois

Environmental Protection Agency

(Agency)

filed

a Motion To Dismiss because the Petition for Variance lacked

necessary information.

The Board, on October

17, ordered

Petitioner

to supply additional information on its variance re-

quest.

On October

18,

1974,

the Board received from Petitioner

a Motion to Modify Order and supporting information which

re-

quested that the dates in subparagraphs 3(a)

and 3(b)

of our

May 9,

1974, Order in PCB 73-454 be changed from “October

1,

1974”

to “December 1,

1974,

or such other dates as the Board shall deem

appropriate.”

We considered this to be an amended petition for

variance.

Citizen complaints mandated the Board on December 5,

1974, to order that

a hearing be held.

Petitioner’s motions to

dispose of the Petition for Variance without hearing were denied

on January

3,

1975.

The hearing was held on January 29, 1975,

in Watseka,

Illinois.

Final Board action was later waived until April 15,

1975.

The testimony established that delays in installing the

equipment to control emissions from the truck dump and load—out

area were beyond the control of Petitioner

(R.82)

.

Supplier’s

delivery of improperly fabricated equipment delayed installation

(R.90).

The control equipment was completely installed by

December 15, 1974

(R.

39,

63,

82,

104).

Three citizen witnesses

16 —195

---

—2—

testified and stated that although they were still bothered by

emissions,

the situation had improved from what it was a year

ago

(R.

18 to 31).

To show good faith, Petitioner established

that equipment required to be installed by October

1,

1975, was

installed by December 15,

1974

(R.

83).

Good housekeeping

practices are being observed at the facility

(R.

57).

The Agency filed an Agency Summation on March

11,

1975,

and recommended that the variance be granted from October

1 to

December 15,

1974.

We grant the variance.

Petitioner has made good faith

efforts to achieve compliance and the delay in the installation

of control equipment was not self—imposed.

Based on the facts

of this case,

to deny the variance would impose an unreasonable

hardship on

the Petitioner.

ORDER

A Variance is hereby granted

to the Early and Daniel

Company for the period of October

1,

1974,

until December 15,

1974,

from the provisions’ of subparagraphs 3 (a)

and

3 (b)

of the Board

Order of May 9,

1974,

in PCB 73-454.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of

the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was adopted

on the

~t~\day

of

______________,

1975, by

a vote of

-~

to

c.~.

ãhiistan

L. M~ffett

16

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