ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1978
    OLIN CORPORATION,
    (Joliet)
    Petitioner,
    v.
    )
    PCI3 78—245
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Young):
    Petitioner Olin Corporation filed
    a Motion for Recon-
    sideration and Amended Petition for Variance on October
    6,
    1978.
    A response to the Motion was filed by the Respondent
    Agency on October
    17,
    1978.
    The Petitioner has requested that the Board extend the
    expiration date on an existing permit until
    a decision
    is rendered and all rights of review in the courts have
    been exhausted on a petition now pending as PCB 78-243.
    A decision in PCB 78-243 will be rendered by December
    8,
    1978,
    in compliance wit1~ Section 40 of the Act.
    The Peti-
    tioner alleges that it will be required to cease operations
    if the permit is not extended.
    The Board has repeatedly
    held that denial of
    a variance
    is not a shut—down order.
    Additionally, the relief requested
    is not appropriate under
    the Act or the Board’s Regulations and prior decisions.
    The Petitioner raises an issue
    in the Motion relative
    toRule406 of our Procedural Rules which has no merit.
    The
    Motion to Dismiss filed by the Agency on September
    19,
    1978,
    is not the recommendation on a variance petition contemplated
    by Section
    37 of the 2~ctand Rule 405 of our Procedural Rules.
    The Motion for Reconsideration
    is denied and the Amended
    Petition
    is dismissed as inadequate.
    IT
    IS SO ORDERED.
    32—61
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted
    on the
    ~
    day of
    ç~Jj_4-\...~
    ,
    1978 by a vote of
    ~-o.
    Christan
    L.
    Moff 1~t~C1erk
    Illinois Pollution C6ntrol Board
    32—62

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