ILLINOIS POLLUTION CONTROL BOARD
    February 21,
    1980
    B.E.R.D.S., a Missouri
    )
    )
    Partnership,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PC
    80—36
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF TUE BOARD
    (by Mr
    •
    Dumelle):
    On February
    15,
    1980,
    Petitioner requested a variance
    from the requirements
    of the Board’s Air Pollution Control
    Regulations.
    The Petition is deficient in several respects.
    First, the requirements of Board Procedural Rule 401(a) have
    not
    been
    met
    as
    Petitioner
    has
    not
    provided
    a
    complete
    statement
    of
    the
    relief
    sought,
    nor
    has
    included
    specific
    identification
    of
    the
    particular
    provisions
    Of
    the
    regulation from which the variance is sought.
    Second, there
    is
    no
    information
    regarding
    the
    nature
    and
    extent
    of
    Petitioner’s present failure to meet the numerical standards
    or
    particular
    provisions
    of
    the
    regulation.
    A
    detailed
    description
    of
    existing
    and proposed
    equipment
    and
    of
    Petitioner’s
    compliance plan
    from initiation of design to
    program completion
    including
    costs has
    also been excluded,
    in
    addition to a description of availability of alternate
    methods of
    compliance.
    No
    factual
    information
    as
    to
    the
    environmental
    impact
    the
    variance
    will
    impose
    •on
    human,
    plant
    and
    animal
    life
    in
    the
    affected
    area
    was
    contained
    in
    the
    petition;
    nor
    measures
    to
    be
    undertaken
    during
    the
    period
    of
    variance
    to
    minimize
    such
    impact.
    Petitioner
    also
    fails
    to
    specifically
    request
    or
    waive
    a hearing
    as
    required
    by
    Procedural
    Rule
    401(b).
    If
    these
    deficienceis
    are
    not
    corrected
    within
    45
    days
    of
    the
    date
    of
    this
    Order,
    the
    matter
    will
    be
    subject
    to
    dismissal.
    The
    statutory
    90
    day
    decision
    period
    shall
    run
    from
    the
    date
    an
    Amended
    petition
    is
    filed.
    37—415
    —2—
    IT IS SO ORDERED~
    I, Christan L.
    Tioffett,
    Clerk of the Illinois Pollution
    Control Board, hereby
    certify that t e a ave Proposed Order
    was adopted on the
    ~/3’
    day of______________________
    1980 by a vote of
    _____________
    Christan
    L~
    Mo
    t,
    Clerk
    Illinois Pollution
    ontrol Board
    37—416

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