ILLINOIS POLLUTION CONTROL BOARD
    October 19, 1995
    A.E STALEY MANUFACTURING
    )
    COMPANY,
    )
    Petitioner,
    PCB 96—71
    V.
    )
    (Variance
    -
    Water, NPDES)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by E.
    Dunham):
    On September 27, 1995 the A.E. Staley Manufacturing Company
    (Staley) filed a Petition for Variance.
    The petition seeks a
    variance from Staley’s National Pollutant Diochargo Elimination
    System (NPDES)
    permit.
    Pursuant to Section 35(a)
    of the Environmental Protection
    Act
    (Act),
    The Board may grant individual variances beyond the
    limitations prescribed in this Act, whenever it is
    found,.
    .
    .that compliance with any rule or regulation,
    requirement or order of the Board would impose an
    arbitrary or unreasonable hardship.
    (415 ILCS 5/35(a) (1994).)
    The Act does not authorize variances from permits, but
    rather the Board may grant a variance from the underlying
    regulations on which the permit is based.
    Staley has not
    specified
    which regulations correspond to its permit limits from
    which it seeks a variance.
    Staley is instructed to file an
    amended petition specifying the particular provisions of the
    regulations from which the variance is sought.
    The Board also finds that the petition does not meet the
    requirements of Part 104 of the Board’s procedural rules and is
    therefore deficient.
    Therefore, the Board directs Staley to file
    an amended petition which fully comports with the requirements of
    Part 104.
    If an amended petition curing the deficiencies is not filed
    within 45 days of the date of this order, this petition will be
    subject
    to dismissal.
    The filing of an amended petition will
    restart the Board’s timeclock for purposes of its decision
    deadline.
    2
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,~ohereby certi~y~hatthe above order
    was
    adopted on the
    /cfc#’
    day of
    ~‘t~C--4-~t1
    ,
    1995, by a vote of
    ?~O
    Dorothy H
    Gunn, Clerk
    Illinois~7ollutionControl Board

    Back to top