ILLINOIS POLLUTION CONTROL BOARD
October 7, 1993
GENERAL CHEMICAL CORPORATION,
)
(Chemical Manufacturing Plant),
)
)
Petitioner,
)
v.
)
PCB 93—178
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
This matter conies before the Board on a “Petition to Extend
Variance” filed by General Chemical Corporation (GCC) on
September 30, 1993. The motion seeks an extension to the
variance granted to GCC’s facility in Fairmont City, St. Clair
County, Illinois on June 3, 1993 in PCB 92-217. The Board
granted GCC a variance from 35 Ill. Adin. Code 212.322(a) until
December 1, 1993. GCC is seeking to extend the date of the
variance until February 1, 1994.
A petition to extend a variance is considered as a new
petition for variance before the Board and is required to satisfy
the requirements for a variance petition. (35 Ill. Adm. Code
104.123.) The resubinission of information contained in the
original petition is not required provided that the petition
requests the incorporation of the record, opinion and order of
the prior proceeding into the new petition. (35 Ill. Adm. Code
104.123(a).) The filing requirements for incorporation of
materials is provided in 35 Iii. Adm. Code 101.106. A petition
for variance shall also contain a request for hearing or a waiver
of the hearing requirement accompanied by affidavits or such
other proof supporting the material facts alleged in the
petition. (35 Ill. Adin. Code 104.124.)
The Board finds that the petition as filed does not contain
the necessary information for a variance petition nor has CCC
filed a motion to incorporate. The petition also does not
indicate if GCC is requesting a hearing in this matter.
Therefore, the Board orders GCC to file an amended petition
curing these deficiencies on or before November 8, 1993. Any
amended petition filed by GCC shall provide the information
required by 35 Ill. Adin. Code 104.121. Failure to file an
amended petition will subject this matter to dismissal for
inadequacy.
IT IS SO ORDERED.
2
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the~.boveorder was adopted on the
day of_ ~
,
1993, by a vote of
Dorothy,4 Gunn, Clerk
IllinoWPollution Control Board