ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    SHELL OIL PRODUCTS COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-236
    (Variance - Land)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a June 10, 1996 Motion to Dismiss filed by the
    Illinois Environmental Proctection Agency (Agency). The Agency argued that the petition for
    variance should be dismissed because Shell Oil Products Company (Shell) failed to state a
    claim for which relief in the nature of a variance can be granted; because Shell’s petition was
    deficient; and, because the Board lacks subject matter jurisdiction.
    At its June 6, 1996 meeting, the Board directed Shell to file an amended petition which
    would clarify whether Shell was seeking a variance or an adjusted standard in this matter. The
    order requested Shell to file an amended petition on or before June 22, 1996. It would appear
    that the Board’s order and the Agency’s motion crossed in the mail; therefore, the Board
    denies the Agency’s Motion to Dismiss at this time. The Agency may renew its request for
    dismissal, if necessary, after reviewing Shell’s amended petition.
    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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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