ILLINOIS POLLUTION CONTROL BOARD
    August 22, 2002
     
     
    AKZO NOBEL SURFACE CHEMISTRY
    LLC,
     
    Complainant,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-3
    (Variance - Water)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 8, 2002, Akzo Nobel Surface Chemistry LLC (Akzo) filed a petition seeking
    variance from the requirements of 35 Ill. Adm. Code 304.120, governing biochemical oxygen
    demand and total suspended solids, effective May 4, 1989, and of 35 Ill. Adm. Code 304.122,
    governing total ammonia nitrogen, effective December 23, 1996. The original petition was
    deficient in several aspects and on July 11, 2002, the Board ordered Akzo to file an amended
    petition. On August 5, 2002, Akzo did so, requesting a variance from the same regulations as
    set forth above. Akzo requests a variance from these regulations to be effective immediately
    until December 31, 2004. The variance sought is for Akzo Nobel’s Morris plant located south
    of U.S. Route 6 in Aux Sable Township, Grundy County. In the petition, Akzo requests a
    hearing on its petition pursuant to 35 Ill. Adm. Code. 104.204(n). The Board accepts this
    matter for hearing.
     
    The Board directs that this matter proceed to hearing as expeditiously as practicable.
    The assigned hearing officer must set the matter for hearing in accordance with the
    requirements of the Environmental Protection Act and the Board’s procedural rules. It is the
    responsibility of the hearing officer to guide the parties toward prompt resolution of this
    matter, through whatever status calls and hearing officer orders he determines are necessary
    and appropriate.
     
    Unless otherwise ordered by the hearing officer, the Agency shall file its
    recommendation in this matter within 45 days of the filing of Akzo’s amended petition or at
    least 30 days before the scheduled hearing, whichever is earlier.
    See
    35 Ill. Adm. Code
    104.216(b).
     
    IT IS SO ORDERED.
     
     
      
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order August 22, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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