ILLINOIS POLLUTION CONTROL BOARD
    May 25, 1989
    MIIM~EST
    RUBBER RECLAIMING
    DIVISION,
    Petitioner,
    v.
    )
    PCB 89—85
    ILLINOIS ENVIRONMENThL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    On May 15,
    1989,
    the Board received
    a letter from Midwest
    Rubber Reclaiming Division (Midwest Rubber)
    requesting relief
    from the requirements of
    35
    Ill.
    Adm.
    Code
    849 which was adopted
    by the Board
    on April
    27, 1989.
    The Board construes
    this letter
    as
    a petition for variance.
    Pursuant
    to Section
    35
    of the Illinois Environmental
    Protection Act
    (Act), variances may be granted by the Board
    to
    provide temporary relief from Board regulations.
    Ultimate
    compliance with
    the regulation
    is the goal
    of any granted
    variance.
    ~lso,
    a variance petition which
    is filed within
    20
    days of the effective date of
    a regulation stays
    the
    applicability of that
    regulation as
    to the petitioner pending the
    Board’s resolution
    of the petition.
    Section 38(b)
    of the Act.
    Permanent relief from Board regulations may be sought via
    an
    adjusted standard proceeding pursuant
    to Section
    28.1
    of the Act
    or a site—specific rule change pursuant
    to Section
    27
    of the
    Act.
    These other avenues of
    relief are distinct from
    a variance
    and must be pursued
    in separate proceedings.
    The Board finds that the variance petition filed
    by Midwest
    Rubber
    is deficient with regard
    to the requirements of
    35
    Ill.
    Adra.
    Code
    104.
    The Board also notes
    that
    a copy
    of a variance
    petition must be served
    on the Illinois Environmental Protection
    Agency when the petition
    is filed with
    the Board.
    Midwest Rubber
    shall file amended petition
    to correct these informational
    deficiencies within 45 days
    of the date of this Order.
    Copies
    of
    the Illinois Environmental Protection Act and the Board’s
    procedural rules
    (which detail the filing requirements
    for a
    variance petition) will
    be sent
    to Midwest Rubber with this
    Order.
    Additionally, Midwest Rubber
    did not submit the appropriate
    filing fee when the petition was filed.
    Recent amendments
    to the
    Environmental Protection Act prescribe such
    filing fees.
    P.A.
    99—309
    2
    85—1331
    (effective January
    1, 1989).
    Pursuant
    to Resolution
    88—3
    (a copy
    of which
    is attached),
    the Board finds that the petition
    is also deficient
    for failure
    to submit
    a filing fee of
    75
    dollars.
    The Board finds
    that the 120—day statutory decision period
    does not begin running until
    the appropriate filing
    fee
    is
    received by the Board.
    Unless Midwest Rubber files
    the correct filing fee within
    21
    days
    of the date of this Order,
    the petition will
    be subject
    to
    dismissal.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    ~
    day of
    —
    ,
    1989,
    by
    a vote
    of
    7-
    ~/.
    Dorothy
    M. G9~, Clerk
    Illinois Pol~,ütionControl Board
    99—310

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