ILLINOIS POLLUTION CONTROL BOARD
October 20,
1994
INSPIRATION DEVELOPMENT CO.,
Petitioner,
v.
PCB 94—279
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on two filings.
On October
4,
1994 Inspiration Development Company filed a petition for
variance.
On October 19,
1994, respondent the Illinois
Environmental Protection Agency (Agency)
filed a motion to
dismiss that petition for variance.
The Agency’s motion to
dismiss is based upon its contention that the petition is
deficient.
The Board agrees with the Agency that the petition is
deficient.
The petition does not address,
in any detail, the
information required by Section 104.121 “Contents of Variance
Petition”.
For example, there is no discussion of the method to
be used to achieve compliance with the rules,
nor is there a
requested term of variance.’
There is no request for hearing,
or waiver of hearing, and no affidavit in support of the
petition.
(Section 104.124.)
In sum, the Board finds the
petition insufficient.
However, the Agency’s motion to dismiss
is denied.
Inspiration shall file an amended petition within 45
days of the date of this order.
The decision deadline will
restart on the date of filing of the amended petition.
Failure
to file an amended petition will subject this petition to
dismissal.
IT IS SO ORDERED.
The Board points out that a variance is,
of necessity,
a temporary measure to allow time for a petitioner to come into
compliance with rules.
The term of the variance cannot exceed
five years.
(415 ILCS 5/36
(1992).)
If Inspiration is
interested in seeking permanent relief from the standards, it may
wish to consider pursuing an adjusted standard or site—specific
rule.
(415 ILCS 5/27,
28.1
(1992).)
2
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi,y tt~atthe above order was adopted on the
~
day of
~L
,
1994, by a vote of ~
-
/ ~
Dorothy N.
G9ñn, Clerk
Illinois Pol1i~tionControl Board