ILLINOIS POLLUTION CONTROL BOARD
    April
    28,
    1977
    ALTON
    BOX
    BOARD
    COMPANY,
    Petitioner,
    )
    v.
    )
    PCB 77-59
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On April
    12,
    1977,
    the Agency submitted a Request for Leave to
    File a Motion to Dismiss and Delayed Recommendation.
    That request
    is hereby granted.
    In its Motion to Dismiss,
    the Agency alleges
    that the Board has no authority
    to
    grant the requested variance.
    The Agency argues that the language of Section
    35 of the Act pre-
    cludes the Board from granting variances inconsistent with applicable
    provisions of the Federal Water Pollution Control Act Amendments of
    1972
    (FWPCA)
    and regulations thereunder and that the variance re-
    quested herein would allow Petitioner to meet a more relaxed standard
    than Petitioner is required to meet under federal law.
    Because this
    issue
    is one of first impression for the Board, the Board will defer
    decision on the Motion to Dismiss and will take the Motion with the
    case.
    Also,
    the Objection to Petition for Variance filed on April
    4,
    1977,
    is granted.
    A public hearing will be held.
    Mr. James Young abstained.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    her by certify the above Order was adopted on the
    ~y’~
    day
    of
    ,
    1977 by a vote of
    ‘~rj
    Christan L. Moff.~y~’7Clerk
    Illinois Pol1uticM~”~ontro1
    Board
    25
    —
    417

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