ILLINOIS POLLUTION CONTROL BOARD

May 16, 1985

MODINE MANUFACTURING CO.,,

)

Petitioner,

)

V.

)

PCB 85—59

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by 3. Anderson):

This petition for extension of variance, filed May 3, 1985,

is deficient and/or confusing in certain respects. First, there

is no request for hearing or waiver thereof and accompanying

affidavit as required by 35 Ill. Adm. Code 104. Second,

paragraph B refers to the petition as one for site specific rule,

while paragraph 5 indicates that such a petition has not yet been

filed.

Importantly, to the extent the “compliance plan” in this

variance involves only the anticipated filing of a site specific

rule request “within one month”, this petition is premature.

Thirty or more days of the Board’s decision period will elapse

awaiting completion of the petition, while the Agency will be

unable to timely file a recommendation for the same reason.

Modine has requested that, inter alia, the Opinion and Order

in PCB 82—111 be incorporated into the record in this matter. In

that Opinion (p. 1—2), the Board noted that the “subject matter

of this proceeding is one decade old”, and also noted the

dismissal of a predecessor proceeding, PCB 79—112. In dismissing

that case, the Board held that

“compliance.plans are to be developed prior to

and included in the variance petitioned (sic), not

during its pendancy.” (47 PCB 519).

This petition is accordingly dismissed. This does not

preclude a subsequent filing of a complete petition which can be

timely considered by the Board and the Agency.

IT IS SO ORDERED.

64-87

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certify that the above Order was adopted on

the

~

day of

_________________,

1985 by a vote

of

____________.

/

~

Dorothy M. Gtinn, Clerk

Illinois Pollution Control Board

64-88