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
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board