ILLINOIS POLLUTION CONTROL

BOARD

June 27,

1974

ARMOUR-DIAL,

INC.,

Petitioner,

vs.

)

PCB 73—388

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF

THE

BOARD

(by Mr. Henss):

On June 18, 1974 Petitioner filed Motion for Entry of Order

Granting Permit.

The Motion is denied since the issue

is not

properly before us in this variance proceeding.

If Armour—Dial believes that the Environmental Protection

Agency has erroneously denied a permit it should file

a petition

for hearing under Procedural Rule 502 specifically raising that

issue.

The current motion indicates that the EPA denied

a

permit because the Aurora Sanitary District did not state its

“willingness”

to accept the Armour effluent.

“Willingness” may

not be relevant if the effluent is otherwise acceptable under

the law, but we are

unable

to

decide

such

an

issue

with the

limited record available in this variance proceeding. Under

Rule 502 we could review the entire Agency record of the permit

application along with any further evidence adduced in

a hearing

before one of our hearing officers.

Any order for the issuance

of a permit should only follow that kind of

a careful attention

to the record.

It is ordered that Petitioner’s Motion for Entry of Order

Granting Permit be denied.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

ContTol

Board, hereby certify the above Order was adopted this

~1’~

day

of

__________,

1974

by

a

vote

of

_____to

~

12

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