ILLINOIS POLLUTION CONTROL BOARD

November

1,

1979

ALLAERT RENDERING,

INC.,

Petitioner,

V.

)

PCB 77—334

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER

OF THE BOARD

(by Mr. Goodman):

Petitioner’s October 11, 1979 motion for reconsideration

is denied.

Petitioner cites as errors in the Board Opinion and Order

(1)

the Board’s affirmation of the hearing officer’s ruling

excluding evidence regarding economic reasonableness,

and

(2) the Board’s finding that Petitioner had not sustained its

burden of proof regarding economic reasonableness.

Petitioner’s offer of proof to the hearing officer’s

exclusion of testimony was that Petitioner suffered either

“minus income or very low income” over the years,

and that

“there was no way that

Allaertl

had or could accumulate

enough funds to build a waste water treatment system”.

Variances are not granted merely because a petitioner’s

income

is insufficient to finance pollution control measures

mandated by

law.

As the Board stated in its Opinion and Order

at page 10,

“any hardship visited upon the Petitioner is

largely self—imposed”.

IT

IS SO ORDERED.

Mr. Werner dissents.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Contrp1~oard, her

y certi y the above Order was adopted on

the

J~-~

day of

______________,

1979 by a vote of

‘3/

Christan L. Moff tt,

Cf~rk

Illinois Pollution Control Board

36—3