ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    CATERPILLAR, INC.,
    )
    Petitioner,
    )
    v.
    )
    ILLINOIS ENVIRONMENTAL
    )
    PCB 94-198
    PROTECTION AGENCY,
    )
    (Variance)
    )
    Respondent,
    )
    and
    )
    INTERNATIONAL UNION, UNITED
    )
    AUTOMOBILE, AEROSPACE
    AND
    )
    AGRICULTURAL IMPLEMENT WORXERS
    )
    OF AMERICA and LOCAL 974,
    )
    )
    Intervenors.
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter is before the Board on a motion to strike
    objections filed by Rone and Fidler filed September 13, 1994 by
    Caterpillar, Inc. (Caterpillar)1. Relevant history is as
    follows: On July 21, 1994 Caterpillar, filed a petition for
    variance from the requirements to file a significant modification
    application found at 35 Ill. Adm. Code 814.104(c). On August 18,
    1994 Steve Rone filed an objection to Caterpillar’s request, and
    on August 24, 1994, August 25, 1994, and August 29, 1994, J.G.
    Fidler filed objections and requests for hearing joined by a
    number of other individuals.
    No response has been filed to the motion to strike.
    Caterpillar alleges that these objections should be stricken
    from the record as not timely filed. The Board has interpreted
    Section 37 of the Environmental Protection Act as providing that
    any person may file a written objection to the grant of a
    The motion to strike objections was also accompanied by a
    motion for a hearing officer order to limit the scope of hearing.
    The hearing in this matter has been continued per hearing officer
    order of September 13, 1994. As for the motion for the hearing
    officer order to limit the scope of hearing, the Board refers
    that motion to the hearing officer for the hearing to be held at
    a later time.
    2
    variance within 21 days of filing of the petition for variance.
    Section 104.141 of the Board’s procedural rules provides:
    Any person may file with the Clerk, within 21 days
    after the filing of the petition, a written objection
    to the grant of the variance.
    * * *
    A copy of such
    objection shall be mailed to the petitioner and the
    Agency by the Clerk.
    Thereby, in order to be timely, an objection to a variance
    petition must be filed within 21 days of the filing of the
    variance petition.
    However, there is a special circumstance in the instant
    matter that requires us to look beyond 35 Ill. Adm. Code 104.141.
    Pursuant to Section 104.140 of the Board’s procedural rules,
    within 10 days after a petition for variance is filed, the Agency
    must publish notice of the petition in a newspaper of general
    circulation in the county in which the installation or, property
    is located for which the variance is sought. The Agency
    published notice of the instant variance petition on August 6,
    1994, 11 days after the petition was filed. The published notice
    stated that objections to the variance petition could be filed
    “within 21 days from publication of this notice” (emphasis
    added).
    Because the objectors filed their objections within 21 days
    after notice of the petition was published, we will construe the
    objections as timely filed, despite the fact that they were
    published more than 21 days after the filing of the petition.
    The Board will not penalize the objectors for an error in the
    publication notice upon which they apparently relied. (See also,
    Illinois Landfill. Inc. v. Illinois Environmental Protection
    Agency (September 15, 1994), PCB 94—200
    —
    PCB
    .)
    For the above reasons, the Board denies the motions to
    strike the objections made by Rone and Fidler.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar~, hereby certify )th~,t the above order was adopted on the
    (~‘~day of
    __________________,
    1994, by a vote of
    _______
    //
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    /
    ~X~7
    ~
    /
    2~L.
    ~
    Dorothy M..,4unn, Clerk
    Illinois P~’llutionControl Board

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