ILLINOIS POLLUTION CONTROL BOARD
November 13, 1975
CANDY AND COMPANY, INC., a corporation,
Petitioner,
v.
)
PCB 75—441
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board) upon the November 12, 1975, Petition of Candy and
Company, Inc. (Candy) for variance from Rules 103(b) and
203(G) of the Air Regulations for its coal-fired boiler.
Candy seeks variance for a boiler which is used as a
“standby unit... only operated in cases of emergency.”
Petitioner’s boiler was used only 5 days in 1975. The
majority of Candy’s business is processing wax, blends,
was emulsions, resin-wax combinations, resin solution with
combinations of lesser types of ingredients in the prepara-
tion of sanitary chemicals with heat.
Candy states throughout its petition that the boiler
in question is used solely in case of emergency to keep its
raw material lines from solidifying and to keep the premises
heated when and if its gas-fired boiler needs emergency
attention.
In State of Illinois, Department of Mental Health,
Manteno State Hospital v. EPA, PCB 74—352, the Board stated:
The Petition will be dismissed since it has not
been shown that there is any likelihood that the
variance will be used. Petitioner is not currently
in violation of any Rules or Regulations and we can
only speculate on the possibility of such a violation
in the future. We could indulge in similar speculation
for most of the businesses in Illinois. The variance
procedure was not intended for such remote possibilities
and we have no alternative but the dismissal of this
action without prejudice.
The Board re-affirmed that holding in Galesburg State
Research Hospital v. EPA, PCB 75-198. Candy is in the same
posture as Galesburg and Manteno. As it seeks variance
only in case of emergency, the Board must dismiss its Petition.
10
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~IY)
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This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that
Candy and Company, Inc.’s Petition for variance from Rules
103(b) and 203(G) of the Air Regulations be and is, hereby,
dismissed without prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
were adopted on the
______________
day of
f)6-~e.~.~
1975 by a vote of
4-c,
Christan L. Moffe
,
lerk
Illinois Pollution ntrol Board
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303