ILLINOIS POLLUTION CONTROL BOARD
    June 22,
    1995
    C
    & S RECYCLING,
    INC.,
    )
    Petitioner,
    V.
    )
    PCB 95—100
    (Permit Appeal-Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (R.C.
    Flemal):
    By order of April
    6,
    1995 the Board granted C
    & S Recycling,
    Inc.
    (C&S)
    an extension of time through June 15,
    1995 in which to
    file an appeal of a February 10,
    1995 Illinois Environmental
    Protection Agency
    (Agency) permit determination.
    On June 9,
    1995 C&S filed a document which
    it has designated
    in the caption as an “Appeal from denial of permit for a transfer
    station”, but which it has titled “Petition for a Hearing and/or
    Variance”.
    While the petition details the history of the
    Agency’s February 10,
    1995 denial of a application for
    a permit
    for a municipal waste transfer station, the only relief requested
    is contained in paragraph seven
    (7)
    of the petition, which reads:
    “Petitioner, therefore,
    seeks a hearing and/or variance
    as Section 22.14
    as amended imposes an arbitrary and
    unreasonable hardship upon Petitioner and a variance is
    necessary in order for the facility to continue its
    operations and to employ greater recycling and
    efficient waste transfer in the City of Chicago.”
    On June 15,
    1995 the Agency filed a Motion to Dismiss
    Portions of Petitioner’s Petition for a Hearing and/or Variance.
    The Agency interprets the June 9th C&S filing as requesting both
    a permit appeal and a petition for variance.
    The Agency argues,
    among other things, that the petition is insufficient with
    regards to the required contents of a variance petition as set
    forth in the Board’s procedural rules
    at 35 Ill. Adm. Code
    104.121 and those portions should be dismissed.
    The Board cannot grant a variance from a statutory
    requirement in a permit appeal pursuant to Section 40 of the Act
    (415 ILCS 5/40)
    and 35 Ill. Adm.
    Code 105.
    Variance relief
    pursuant to Section 35 of the Act
    (415 ILCS 5/35)
    and 35 Ill.
    Adm. Code 104 can be granted only for five
    (5)
    years, at which
    time the facility must be
    in compliance with the Act and
    regulations.
    2
    Petitioner
    is directed to file, within forty-five
    (45) days
    of the date of this order,
    an amended petition which clarifies
    whether this action is a permit appeal proceeding or a petition
    for variance,
    and which satisfies the informational requirements
    of 35 Ill.
    Adm. Code 105 if the action
    is a permit appeal or of
    35 Ill. Adm. Code 104 if the action is a variance request.
    In
    the meantime, the Board will continue to treat this matter as a
    Section 40 permit appeal.
    The Board’s one-hundred-twenty
    (120)
    day time clock pursuant to Section 40 will restart upon the
    filing of an amended petition.
    If the petitioner intends this
    action to be a Section 35 variance, the 120-day decision time
    clock will start upon the filing of a sufficient variance
    petition.
    Given the Board’s actions today as to the instant petition,
    the Agency’s motion to dismiss portion of petitioner’s petition
    for a hearing and/or variance is denied.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby(-c rtify that the above order was adopted on4he~~.Y’~
    day of
    ___________________
    ,
    1995,
    by a vote of
    __________
    ~
    /1~L1
    ~
    ‘iDorothy M.
    Gunry~’ Clerk
    Illinois Pol1~ion Control Board

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