tLL NOIS POLLUTION

CON~~Oi,BOARD

7~ugust

21, i985

~iANLE~

INDJS~1’R1E5, INC.

Petitioner,

v.

:~8

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L2~

Lr.~INOtS ENV.RONhENTAL

PRC..r~.CION

AGI~N(”,

Respondent.

CPJ)ER 3l~ TUT~

ROP.~O (by 3.

Anderson):

This pet.Hion, filed

August

20,

1985,

seeks

a one

~

variance to ~ the open burning oL explosive w~sLes.

Lh

oetition is deficient in that it does not.:

a) specify the procedures to be used during burns, such a~

operating protocol, safety and emergency procedures, an8

atmospheric conditions during which burns

would be

conducted;

h)

contain details concerning the costs

and av~iLahility of:

alternative disposal options;

c~ contain a compliance plan other than an indicated intent

to ask or an extension of

variance next year. ‘the

Environmental Protect:ion Act contemplates tha~T. vari•.~nce

will lead to compliance; if Henley wishes to

cantinuc

open burning through the indefinite future, a ~~eLit~on

for site—specific rule change

might he the mo:;e

appropriate procedural mechanism;

d)

contain an unequivocal request for hearing or instead a

waiver of hearing and an affidavit attesting to the

truth of the facts alleged in the petition. A waiver of

hearing at this time does not preclude Flanley from

requesting a hearing later in the event the Agency

recommends that variance be denied.

If an amended petition curing these deficiencies is not

filed within 45 days of the date of this Order, this petition

will be subject to dismissal.

IT IS SO ORDERED.

65-359

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

Board, hereby certify ~bat the above Interim Order was adopted on

the

~

day of _______________________, 1985, by a vote

~f

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Dorothy ~4.GfThn, Clerk

Illinois Pollution Control Boar:~