ILLINOIS POLLUTION CONTROL BOARD

January 10, 1974

BORG-WARNER CORPORATION,

Petitioner,

v.

)

PCB 73—220

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by Mr. Henss)

Petitioner Borg-Warner has filed Motion for Post-Hearing

Relief. The relief reauested is that we grant a six month

variance from Rules 621(d) and 634, Chapter 2, Part VI Air

Pollution Control Regulations so that Borg-Warner may continue

to dispose of asbestos waste in the manner described in our

August 23, 1973 Opinion. The Motion for Post—Hearing Relief

is denied.

In our prior Opinion (August 23, 1973) we said:

“We shall grant Petitioner a variance for four

months only. We allow this time for Petitioner

to investigate and adopt a method, by which

compliance with the Regulations will be achieved

in the shortest possible time period. We ask

the Agency to cooperate fully with Borg-Warner

officials in their search for an acceptahle

disposal method during this four month period.

Subsequent proceedings should include the

landfill operator, and any extension of the

variance should be based upon satisfactory

progress toward compliance with the Regulation.

The Motion for Post—Hearing Relief does not show Borg—Warner’s

compliance with our prior Opinion. It is not timely filed and

does not request that type of relief which may properly be granted

in a post-hearing proceeding. In actuality, this is a new variance

request and the pleading does not comply with the requirements of

our Procedural Rule 401 specifying the content of a variance

petition. If Petitioner wants to request an extension of the

10—615

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variance it should do so in a new variance petition filed in

compliance with our Procedural Rules.

It is ordered that the Motion for Post—Hearing Relief be

denied.

Mr. Seaman was not present.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted this /U~1

day ~

,

1974 by a vote of _____to

a

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