ILLINOIS POLLUTION CONTROL BOARD
    May 11,
    1989
    CONTAINER CORPORATION OF AMERICA,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 87—183
    IL,LINOIS ~2!’LIRONMENTALPROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    This matter comes before the Board
    on the
    mended Variance
    Petition filed on May
    1,
    1989 by Petitioner, Container
    Corporation of America
    (CCA).
    The Board
    is uncertain of the purpose
    and intent
    of CCA
    in
    filing this amended variance petition at this stage of the
    proceedings
    in this docket.
    The Agency’s recommendation was
    filed June 21,
    1988.
    Hearing was held on Deernber
    14, 1988
    and
    continued on
    the Record to April
    14,
    1989 at which the hearings
    were concluded
    .
    A record of the final
    (April 14,
    1989)
    hearing
    was received
    by the Board on May
    1,
    1989,
    the same day that
    the
    Amended Vafiance Petition was filed.
    By Order of April
    27,
    1989,
    this Board.. at the request of the parties granted an extension of
    time
    in which
    to file briefs,
    with
    a responsive schedule,
    under
    which CCA’s brief
    is due tomorrow, May 12,
    1989,
    the responsive
    brief
    of the Illinois Environmental Protection Agency (Agency)
    is
    due May 26,
    1989, and any reply brief
    by CCA
    is due
    no later
    than
    June
    5,
    1989.
    The Amended Variance Petition does
    not expressly
    seek
    to disturb
    the Board’s Order
    of April
    27,
    1989,
    and the
    Board will not
    take any action to disturb its prior
    order today.
    Ordinarily,
    filing of an amended variance petition would
    commence proceedings anew.
    A quick
    reading of the transcript of
    the April
    14,
    1989, hearing indicates that this
    is not CCA’s
    intent here.
    Counsel
    for CCA stated
    in his opening remarks that
    an amended variance petition would
    be filed
    in order
    to reflect
    the fact that the testimony
    to be presented by CCA
    at that
    hearing “departs
    from, our previously filed variance petition”
    (pp.
    7—8).
    The
    amended petition reflects this intention by
    invoking Section 103.210(a)
    of the Board’s procedural
    rules
    as
    authority
    for amending the petition “to conform to its proof
    at
    hearing”
    (p.
    1).
    99—13
    —2—
    Accordingly,
    the Board construes this to mean
    that the
    Amended Variance request of May
    1,
    1989,
    is intended solely
    to
    clarify the exact nature of the relief sought rather than to
    commence variance proceedings anew.
    The Board will not,
    therefore, commence new proceedings
    in response
    to the amended
    petition, but will simply add the amended petition to the record
    of the current proceeding.
    The Board need not,
    and today does
    not,
    address what
    its response would
    be
    if
    the latter course were
    intended.
    The Board orders
    the parties to advise it
    in writing no
    later
    than May 22,
    1989,
    if they do not agree with the foregoing
    disposition of the amended petition.
    IT
    IS SO ORDERED.
    J.
    Durnelle and
    J.
    T. Meyer dissented.
    I, Dorothy M.
    Gunri,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    //ZZday of
    _____________,
    1989, by
    a vote of
    ~
    Ill
    S
    lution Control Board
    99—i4

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