ILLINOIS POLLUTION CONTROL BOARD
    August 15, 1996
    SHELL OIL PRODUCTS COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-236
    (Variance - Land)
    ORDER OF THE BOARD (by E. Dunham):
    On May 17, 1996 Shell Oil Products Company (Shell) filed a document titled “Petition
    for Variance”. The filing details the history of the denial by the Illinois Environmental
    Protection Agency (Agency) of Shell’s request for a “No Further Action” determination for its
    facility at 9560 West 159th Street, Orland Park, Illinois. Shell appealed the Agency’s denial
    which is currently before the Board in Shell Oil Company v. IEPA, PCB 96-48. However,
    the petition in this matter requests the Board “to grant a variance from the requirements of 35
    Ill. Adm. Code 732.408”, and additionally cites Section 14.2 of the Illinois Environmental
    Protection Act (Act).
    By order dated June 6, 1996 the Board stated that Shell’s petition failed to satisfy the
    informational requirements of either part 104 or part 106 of the Board’s regulations. The
    Board directed Shell to file an amended petition which clarifies whether its action is a petition
    for variance pursuant to Section 35 of the Act and which satisfies the informational
    requirements of 35 Ill. Adm. Code 104, or whether its action is a petition for an adjusted
    standard pursuant to Section 14.2 of the Act and which satisfies the informational requirements
    set forth in 35 Ill. Adm. Code 106
    et seq
    . The Board directed Shell to file an amended
    petition on or before July 22, 1996 and warned that failure to do so could subject its action to
    dismissal.
    The Board never received an amended petition from Shell; therefore, the Board
    dismisses this matter and closes the docket.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (
    See also
    35 Ill.Adm.Code
    101.246 "Motions for Reconsideration.")
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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