ILLINOIS POLLUTION CONTROL BOARD
December 13, 1973
E. I. DUPONT DE NEMOURS & CO.
PETITIONER
v.
)
PCB 73—325
ENVIRONMENTAL PROTECTION AGENCY
RESPONDENT
)
MR.
JAMES
C. HILDREW, ATTORNEY, on behalf of PETITIONER
MR. JOHN E. SLATTERY, ASSISTANT ATTORNEY GENERAL, on behalf of
the ENVIRONMENTAL PROTECTION AGENCY
ORDER OF THE BOARD (by
Mr.
Marder)
Petitioner has filed on November 15, 1973, a motion in regard
to PCB 73—325. Said motion shall be handled in three separate
parts.
I. Motion to grant relief of performance bond:
Motion denied. It is the usual practice of the Board to
require performance bonds in an action such as this. Petitioner
has shown no extenuating circumstances to warrant such relief.
II. Motion to extend time for compliance:
Motion denied. Petitioner’s request for additional time
would require a variance in excess of the one year maximum allow-
able under Section 36 (B) of the Environmental Protection Act.
III. Motion to amend Order:
Motion granted. It is the Board’s opinion that orders 3
and 4 were based on erroneous information supplied by the Environ-
mental Protection Agency. In order to relieve Petitioner from any
hardship which is not necessitated by adverse environmental impact,
Order (3) shall read as follows:
3. Nitric acid plants #1 and #2 shall only be operated
when Nitric acid plant #3 cannot meet demands.
Order (4) of PCB 73-325 shall be stricken.
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I~IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify th t the above Order
was
adopted by the Board on the
I~f~t day of
,
1973, by a
QLc~/r~
vote of ~ to ~
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