ILLINOIS POLLUTION CONTROL BOARD
November 6, 1975
CANDY AND COMPANY, INC.,
a corporation,
Petitioner,
v.
)
PCB 75—422
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board) upon the October 30, 1975, Petition for Variance of
Candy and Company, Inc. (Candy).
Candy seeks variance from unspecified sections of the
Air Regulations for emergency use of its low pressure stoker
fired coal boiler. The Board does not grant variances for
use in emergency situations as the variance procedure was
not intended to excuse remote possibilities of violations of
the regulations. Galesburg State Research Hospital v. EPA,
PCB 75-198 (1975); Manteno State Hospital v. EPA, PCB 74-352
(1974); Stein Hall and Company v. EPA, PCB 73-561.
As Petitioner seeks variance for emergency periods
only, the Board must dismiss its Petition.
This Opinion constitutes the findings of fact and
conclusions of law of the Board in this matter.
ORDER
It is the Order of the Pollution Control Board tha’t
Candy and Company, Inc.’s Petition for Variance be and is,
hereby, dismissed without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby c~rtifythe above Opinion and Order
were adopted on the
~
day of
_____________
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Christan L. Noffet~~j,.çaerk
Illinois PollutionC~trol Board
19
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