ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1988
    IBP,
    INC.,
    Petitioner,
    v.
    )
    PCB 86—174
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    J. Marlin):
    By its Opinion and Order of February 25,
    1988,
    the Board
    granted IBP,
    Inc. variance until December
    3,
    1988 from 35
    Ill.
    Adm. Code 304.120(b)
    as
    it pertains
    to suspended solids,
    subject
    to certain conditions.
    In paragraph
    C
    of that Order,
    the Board
    provided that:
    Petitioner
    shall
    make
    all
    reasonable
    efforts
    to complete
    up—grading
    in accordance with
    the
    schedule
    set
    forth
    in
    paragraph
    b,
    above.
    However,
    if
    Petitioner
    is
    unable
    to
    complete
    up—grading
    due
    to
    factors
    beyond
    its
    control
    (such
    as
    inclement
    weather
    or
    delays
    in
    obtaining manufactured equipment),
    it may seek
    to
    obtain
    an
    extension
    of
    the
    completion
    schedule
    by
    filing
    for
    an
    extension
    of
    this
    variance.
    On November
    10,
    1988,
    IBP filed
    a motion, supported by
    affidavit,
    requesting
    an extension of the variance through June
    30,
    1989.
    IBP asserts that upgrading has
    in fact been delayed by
    factors beyond
    its control, inc1u~ingbut not limited
    to:
    1.
    Failure
    of
    the
    Illinois
    Department
    of
    Transportation
    to
    issue
    a
    permit
    required
    for
    construction
    of
    the
    facilities
    until
    October 21,
    1988;
    and
    2.
    Necessity
    to
    re—bid
    the
    construction
    project
    with
    scope
    changes
    designed
    to
    bring construction costs
    down
    to
    the
    level
    anticipated
    by
    Petitioner
    and
    Respondent
    when
    settlement
    of
    the
    original
    Petition
    for Variance was negotiated.
    93—641
    —2—
    The Agency has filed no response to this motion.
    IBP’s motion for extension of variance is granted through
    June 30, 1989.
    IT IS SO ORDERED.
    B. Forcade dissented.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the ,~~dayof
    ~
    ,
    1988,
    by a vote of
    ~—/
    Dorothy M. i~unn,Clerk
    Illinois Pollution Control Board
    .3—642

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