ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    DEPARTMENT OF THE ARMY,
    Petitioner,
    v.
    )
    PCB 87—38
    (Variance)
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On October
    29,
    1990 the Department
    of the Army
    (Army)
    filed
    a motion
    to modify the Board’s September 17,
    1987 Order.
    The
    Army requests that the Board amend the date of December
    1,
    1990
    in Paragraph
    7
    of the September 17, 1987 Order
    to December
    1,
    1991 because the Army has been unable to conduct appropriate
    testing pursuant
    to the September
    17,
    1987 Order.
    The Illinois
    Environmental Protection Agency
    (Agency)
    filed a response in
    opposition
    to the motion to amend the Board Order.
    The Agency
    believes
    that amendment of
    the September 17,
    1987 Order
    is
    inappropriate procedure and that the Army’s motion should be
    docketed and treated as a Petition For Variance Extension.
    The
    Agency bases
    this belief on its concern that the Army
    will
    be
    unable to meet the September
    4,
    1992 deadline for final
    compliance set forth
    in the September 17,
    1987 Order.
    The Board is not persuaded that the Army’s motion will
    result
    in an inability to meet the variance deadline.
    Therefore,
    the Board will not docket
    this motion as a Petition For Variance
    Extension.
    The Board will grant the Army’s motion to amend the
    deadline of December
    1,
    1990 to December
    1,
    1991 in Paragraph
    7
    of
    the September
    17, 1987 Order.
    In the event
    that Army
    determines that it
    is unable to meet the September,
    1992
    compliance deadline, Army should seek any additional relief by
    way of a petition
    for variance extension,
    rather than by way of a
    motion
    to amend this variance.
    IT IS
    SO ORDERED.
    J.D. Dumelle dissented.
    116—0 1
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, ~~by
    certify tha
    the above Order was adopted on
    the
    ‘~i~-’
    day of
    __________________,
    1990, by a vote
    of
    ~
    —/
    .
    ,~,
    Dorothy M. 9~n, Clerk/
    Illinois P~4utionControl Board
    116—02

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