ILLINOIS POLLUTION CONTROL BOARD

December 18, 1980

BEKER

INDUSTRIES CORP.

Petitioner,

v.

)

PCB 80—224

ILLINOIS ENVIRONNENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD (by D. Satchell):

On December 9, 1980 Beker Industries Corp. (Beker) filed a

petition for a variance from the Board’s Order of September 20,

1979 (Beker v. IEPA PCB 79-9, 35 PCB 389) and conditions of NPDES

permit 1L0036463, Section 35 of the Environmental Protection Act

does not authorize variance from permit conditions, Beker should

apply to the Illinois Environmental Protection Agency for permit

modification. To the extent permit conditions are required by

Board regulations or the Board’s previous Order, Beker should

petition for a variance and may request permit modification pursu-

ant to Rule 914 of Chapter 3: Water Pollution. As it stands,

the petition does not adequately identify the Board rules or pro-

visions of the Order which require the permit conditions Proced~-

uralRule 401(a)(1). In addition, Procedural Rule 401(b) requires

an affidavit or other proof in support of material facts alleged

in the petition where a hearing is waived. This matter will be

subject to dismissal unless the noted deficiencies are remedied

in an

amended petition filed within forty-five days of the date

of this Order, The decision period will commence with the filing

of such amendment.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk

of the Illinois Pollution

Control Boayd1 hereby c~rtifythat the above Order was adopted

on the

/8~

day of

iLU..~6_&t. ,

1980 by a vote of ~

Christan L. Moff~t~),/k1erk

Illinois Pollution c~ontrol Board

40—149