ILLINOIS POLLUTION CONTROL BOARD

May 1, 1980

NAGNER CASTINGS COMPMW,

Petitioner,

v.

)

PCB 80-93

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF

THE BOARD (by Dr. Satchell)

On April 28, 1980 Wagner Castings Company filed in PCB 79-124

an amendment to petition for variance to provide additional informa-

tion and joinder. This was deemed a new variance petition by Order

of tne Board of this date. The petition is deficient in a number of

respects:

1. The petition fails to request or waive a hearing as

required by Procedural Rule 401(b).

2. The petition should either restate the relevant allega-

tions of the previous petition or incorporate them by

reference.

3. The amendment identifies three types of sand involved:

core sand, molding sand and sludge from wet dust col-

lectors. These apparently fall into different cate-

gories of special waste, assuming they are such. If

a variance is sought for the last two the petition is

deficient in its description and fails to specify

whether a variance is requested for them.

4. In PCB 79—124 Wagner attached to its response to variance

recommendation of September 17, 1979 as Exhibit A an

analysis of “foundry sand.” If this is to be incorpor-

ated by reference Wagner will have to explain what foundry

sand is and whether a variance is requested for it also.

5. Wagner should indicate whether these various sands are

commingled, and if so, include a discussion why they are

mixed and the feasibility of separate disposal.

—2—

The petition will be subject to dismissal unless an amended

petition addressing these issues is filed within forty—five days.

T~eninety day decision period will commence with the filing of an

amended petition.

IT IS SO ORDERED.

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

Control Board, hereby certify the above Order was dopted on

the

day of 

1980 by a vote of 

______

~lerk

Christan L. Mo.~

Illinois Pollution Control Board