ILLINOIS POLLUTION CONTROL BOARD
May 5, 1988
SOURS GRAIN COMPANY,
Petitioner,
v.
)
PCB 88—80
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J.D. Dumelle):
This matter comes before the Board upon Petitioner’s May 3,
1988, filing of a Petition For Variance, PCB 88—80. The Petition
is deficient in that the compliance plan set forth at p. 18
contains a compliance date of December 31, 1988; however, the
Petition, itself, requests until December 31, 1989. The
discrepancy is unexplained. Additionally, this Board only
recently denied a variance (PCB 85—190) to this Petitioner for a
time period which is also referenced in this Petition. Having
already passed on Petitioner’s variance request for this period
the Board finds the current request (covering the same time
period) frivolous or duplicitous. Petitioner is invited to brief
the issue of the res judicata effect of this Board’s denial in
PCB 85—190 insofar as that action denied a variance for the same
period of time sought in the current Petition; or explain to the
Board how the current Petition is different from PCB 85—190.
If the Board does not receive an Amended Petition For
Variance, curing the above—noted defects within 45 days of the
date of this Order, this action will be subject to dismissal.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
_______________
day of
_____________,
1988 by a vote
of
____________.
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
89—137