ILL NO IS POLLUTI ON CONTROL BOA~W

November 1, 1973

oLiN CORPO ATior~,

)

a Corur:etion,

PeLitionar,

v.

)

PCB 73—421

ILLINOIP ITVIRONNENTAL

PNOTECTION AGENCY,

Re~ponuent.

ORDER OF THE BOARD (by Mr. Henss)

Olin Corooration

filed a variance petition

on October 3,

1973 wliicd was adjudged inadequate by the Board Order of

October 11, 1973.

The Order stated:

~TIicsnecific rules from which variance is

souqht are not listed nor is any description

given as

to

the injury the grant of the

variance would

impose on the public.

Petitioner

was

granted 20 days to supply the missing

allegations.

Petitioner filed an amendment within the 20 days but the

new oleading is also inadequate. Petitioner apparently does

not wish Lo allege facts.

He

prefers that we take “official

notice” pursuant to Board Rule 321 of the Regulations from which

Petitioner desires variance and of the effect of the Petitioner’s

emissions on the public. It is clear from Title IX of the

Environmental Protection Act (variances) that the burden is upon

Petitioner to point out the Rule or Regulation from which he

requests variance. The Act specifically refers to “a petition

for a variance from a Rule or Regulation”. The Act states that

the burden of proof is upon Petitioner to prove that compliance

with

a Rule or Regulation will impose an arbitrary or unreasonable

hardship. We understand Petitioner’s desire to shift the burden

to us but we do not accept it.

9

—

737

---

—2—

Petitioner

has not cor~p1ied with the

Act

or

the Order

of the Board and we have no alternative

at this point hut

disn~issal.

The Variance Petition

is disuissed without pre~udice.

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

Board, hereby certify the above Order was adooted this

/ ~

dayof~~,

l973byavoteof

~S

to

ô .

9—

738