ILLINOIS POLLUTION CONTROL BOARD

January 21,

1988

ALLIED TUBE

& CONDUIT

CORPORATION,

Petitioner,

v.

)

PCB 88—19

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On January 19,

1988,

the Allied Tube

& Conduit Corporation

(“AT&C”)

filed

a petition for variance from 35

Ill.

Adm.

Code

215.207.

That petition

is deficient

in

that:

It fails

to specifically articulate

the plan

for compliance.

The intention

to file

a

future site—specific regulatory proposal

is

not a compliance plan.

(City

of Mendota

v.

PCB and IEPA,

514 N.E.2d 218

(1987))

The Board can entertain a challenge

to the validity of

regulations

in

a variance proceeding

(Celotex Corp.

v.

IPCB

94

Ill.

2d

107, 445 NE2d 752

(1983)

and Village of Carey

v.

IPCB 403

NE2d 83

(2nd Dist.,

1980)),

but

if the regulations are determined

to validly apply to AT&C,

the Board cannot grant

a variance

absent a compliance

plan.

Unless AT&C files an amended petition within 45 days of the

date of this Order, curing the above—noted defect,

this matter

will

be subject to dismissal.

The amended petition must state

whether AT&C intends

to proceed exclusively on the basis of the

invalidity of the rule or whether AT&C has a compliance plan

it

intends

to implement.

If AT&C’s compliance plan includes

a

presently filed

regulatory proposal, the variance must include

a

schedule

for full compliance

should the regulatory relief be

denied.

IT

IS SO ORDERED.

85—24 3

---

I, Dorothy M.

Gurin, Clerk of the Illinois Pollution Control

Board, hereby certif

hat the above Order was adopted on

the ~7?/44-dayof

~

,

1987,

by

a vote

Dorothy M. Gu~n,Clerk

Illinois Pol’ution Control Board

85—244