ILLINOIS
    EOLLUI’ION
    CDI~TIROLBDARD
    January 18,
    1979
    BFKER
    INtXJSTRIES
    cXIWcRATION,
    )
    Petitioner,
    )
    v.
    )
    PGB
    78-9
    ENVIR~MEN’AL
    PR~TfEC~IQ~
    AGENCY,
    )
    Respondent.
    ORDER
    OF ThE 11)ARD
    (by Mr.
    Goodman):
    On January 16,
    1979,
    Beker Industries Corporation filed a Petition
    for Variance and Review seeking a variance or,
    in the alternative,
    a
    permit appeal.
    Because variances and permit appeals require different
    types of proof, such an alternative request
    is not approrpiate within
    the same proceeding.
    The Board,
    therefore,
    construes the Petition
    as a variance petition solely and orders that
    the matter be set
    for hearing.
    The Board also grants the Request
    to Appear
    filed by
    attorneys for Beker.
    Should Beker still want
    to pursue a permit appeal,
    it may file a
    petition for permit review as a separate proceeding.
    Although Procedural
    Rule 502(b) requires that an NPDES permit appeal be
    filed within 30
    days of the Agency’s final
    decision,
    the Board will consider a permit
    appeal
    filed within 30 days
    of
    the date of
    this Order
    to be
    timely
    filed.
    IT IS ~
    c1~DERED.
    I,
    christan
    L. Moffett, Clerk of
    the Illinois Pollution
    ntrol
    Board,
    reby certify the above Order was adopted on the
    ~
    day of ______________________, 1979 by a vote of
    _______________
    Illinois
    Pollution
    Con
    Board
    32
    —~
    53

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