ILLINOI~P)iLL~ ON CONTROL BOARD
Nay ~7, 2982
OLIN
CORPORATION,
a Virginta Cc ~p~a
2
v~
PCB 8l~1l7
ILLINOIS
ENVIRONMENTAL PRO~ECTTONAGENCY,
ORDER
OF THE BOARD
(by ~
Goodman)’
On Apri1
19,
1982 (,li~fi1~d
~‘
Thtter with the Board
requesting an additional two days to bi~rnmaterials not listed in
its
August 17,
1981 variance petition or included in the variance
granted
by the Board on February 17,
1982,
On April
29 the
Board
construed
said letter as a motion pursuant to Procedural Rule
334(b)(1),
and time was allotted for the Agency to responds
No
ruling
on the motion was made,
Inst?~adof
a response, on
May
13,
1982 the
Agency filed a Motion to Reconsider that order,
The
Agency argued
that Olin’s letter could not constitute a motion,
even by
Board order, since it was not accompanied by an
affidavit
or proof of
service,
Nevertheless, the Agency admits that
it
received
the same on April
16,
1982
The Agency’s procedural
arguments are
frivolous
the Mction to Reconsider is denied,
The Board
will, however, use the tnformation submitted therein
to rule on
the Rule 334(b)(1) motion,
The
variance granted in this matter allowed Olin to
openly
burn
buildings contaminat~d
v’.j~td
~plo~ve
wastes, obsolete
pro~
duction
equipment, and solid propellant and pyrotechnic materials~
Olin now requests
that
it be allowed to burn approximately
20,000
pounds
of explosive compositions discovered by an
inventory
subsequent to filing
its petition in this matter,
The materials
to be
burned were further identified by Olin in a letter sent
~o
the Agency
on April
22,
1)82,
~rt’J ‘tas incThded in the
Agency~s
Motion
to Reconsider,
This information raises questions as
to
the environmental
harm open burning these materials
may cause and
the
appropriateness of the compliance plan formerly
set
out
in the
variance
granted,
Also tNe qLar2~tyof materials, almost
double
again that
originally allowed, mandates that Olin prove
anew its
need
for variance from Rule 502,
Thc Rule 334(h)(1) motion is
hereby
denied,
IT
IS
SO
ORDERED,
I, Christan
L,
Moffett, Clerk of the Illinois Pollution
Control
Board, hereby certify that the above Order was adopted
on
the
~~~day
of
~,
1982 by a vote of
~
ci
Christan L,
Moffett, Cl~rk
Illinois Pollution Control
Board