ILLINOIS ?OLLUTION CONTROL BOARD

July 10, 1975

AMERICAN CAN COMPANY,

)

Petitioner,

)

v.

) PCB 75—131

)

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

Respondent.

ORDER OF THE BOARD (by Dr. Odell)

On March 25, 1975, American Can Company filed a Petition

For Variance with the Illinois Pollution Control Board (Board).

Supplemental information was filed on April 14, 1975. On the

same day, the Illinois Environmental Protection Agency (Agency)

filed its Objection To Petition For Variance and a Motion For

Hearing. The Board set the case for hearing by its Order of

April 24. The Agency filed its Recommendation of denial on

May 15 with supplemental information filed on May 22, 1975.

The hearing scheduled for June 3 was canceled at the request

of the Petitioner and rescheduled for July 2, 1975. Pursuant

to Rule 406 of the Procedural Rules, the request for the con-

tinuance constitutes a waiver of the 90—day decision period for

the period of the continuance, On June 20 Petitioner’s Response

To Respondent’s Recommendation was filed with the Board. A

Request For Leave To File Amended Variance Petition was filed

on June 26 with a Letter of Waiver effective until the time of

the filing of the Amended Petition. The submission also included

a request that the July 2 hearing be canceled. The Board was

informed on July 3 that the hearing scheduled for July

2

had

been canceled.

We grant the Motion To File Amended Variance Petition.

We do not rule at this time whether a hearing will be necessary.

The 90-day period for final Board action required under Section 38

of the Illinois Environmental Protection Act shall run anew from

the time of the filing of the Amended Petition For Variance.

IT IS SO ORDERED.

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

Board, hereby certify that the above Opinion and Order was

adopted on the

Jo’~

day of July, 1975, by a vote of

,~ *

0

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