ILLINOIS
POLLUTION
CONTROL BOARD
August 8, 1974
WEBER
MARKING
SYSTEMS,
INC.,
Petitioner,
v.
PCB 74—172
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Odell)
On
May
7,
1974,
the Illinois Pollution Control Board
(Board)
received
a Variance
Petition
from
Petitioner
asking
for
a variance
from the
Board Order
in
PCB
73-485.
Specifically,
Petitioner
requests
a
variance
from
Rule
205(f)
of
Chapter
2,
Illinois
Air
Pollution
Regulations
(Chapter
2)
from
June
1,
1974,
until
July 15, 1974, while installation of its solvent recovery
system
is
completed.
A
letter
of
April
29,
1974,
from
the
installation
contractor,
Hydronics
Piping
Corporation,
indicates
that
the
delay
in
completion
date
is
caused
by
slow
delivery
of
essential materials.
On
May
9,
1974,
the
Board
directed the Petitioner
to
stipulate
within
35
days
that
the
record
of
the
prior
proceeding
in
PCB
73-485
be
incorporated
into
this
case.
The
Board
received
Petitioner’s
Stipulation
to
this effect on
May
23,
1974.
The
Environmental
Protection
Agency
(Agency)
filed
on
July
25,
1974,
a
Motion
to
Dismiss
rather
than
a
Recommendation.
The
Agency
Motion
to
Dismiss
was
based
on
their
belief, stated
in
item
3,
that
“to
date,
no
stipulation
has
been
filed”
by
the
Petitioner
in
response
to
the
Board
Order
of
May
9,
1974.
The
Agency
did
not
become
aware
of
Petitioner’s
Stipulation
of
May
9,
1974,
which
stipulated
“that
the
record
of
the
prior
proceedings
contained
in
PCB
73-485
shall
be
incorporated
in
this
case”,
until
August
1,
1974.
On
that
date
the
Agency
filed
a
motion
to
With-
draw
Motion
to
Dismiss.
The
Board
granted
this
Motion
at
its
August
1 meeting.
On
August
7
the
Agency
filed
a
Motion
to
Dismiss,
stating
“Petitioner’s
solvent
recovery
system
was
operating
by
July
15,
1974,
and
has
brought
Petitioner’s
facility
into
com-
pliance
with
Rule
205 (f).
.
.
.
Therefore, there is no reason to
grant
a
Variance
because
there
is
no
violation
of
the
Board’ s
regulations.”
The
Petitioner
now
appears
to
be
in
compliance.
The
Board
is
convinced
that
the
delay
in
completion
of
the
solvent
recovery
system
was
beyond
Petitioner’s
control.
A
variance
is
granted
13—311
from Rule 205(f)
of Chapter
2
from June
1 to July 15,
1974,
to shield Petitioner
from
possible liability for that periods
IT
IS
THE
ORDER
of
the
Illinois
Pollution
Control
Board
the
Weber
Marking
Systems,
Inca
be
granted
a
Variance
from
Rule
205(f)
of
Chapter
2
for
its
Arlington
Heights,
Illinois
manu~
facturing
facility
from
June
1
to
July
15,
1974,
I,
Christan
L,
Moffett,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
that
the
above
Opinion
and
Order
was
adppted
on
the
~
day
of
~
1974,
by
a
vote
of
~
to
13—
312