ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2000
    PLEXUS SCIENTIFIC CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-112
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 4, 2000, the Illinois Environmental Protection Agency (Agency) filed a
    request for provisional variance and notification of recommendation. The Agency recommends
    that the Board grant a 45-day provisional variance. Plexus Scientific Corporation (petitioner)
    has been retained by the United States Army Industrial Operations Command to decontaminate
    and demolish five buildings and the wastewater flume at the former Joliet Army Ammunition
    Plant site in Will County. The provisional variance would allow the petitioner to do so by open
    burning. In making its recommendation, the Agency states that failure to grant the requested
    provisional variance for 45 days will result in an arbitrary or unreasonable hardship on the
    petitioner.
    The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code 237.102,
    which prohibits open burning without a permit. The Board is required, in a provisional
    variance, to adopt a formal order, assure formal maintenance of the record, assure the
    enforceability of the variance, and provide notification of the action by press release. Pursuant
    to Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (1998)), the Board
    must issue the provisional variance within two days of the filing.
    The Board hereby grants the petitioner a 45-day provisional variance subject to the
    following conditions:
    1.
    The duration of this provisional variance is for 45 days, commencing on
    January 8, 2000, and ending on February 22, 2000;
    2.
    Open burning shall be conducted pursuant to the Joliet Army Ammunition
    Plant’s federally approved Record of Decision and the materials submitted to the
    Agency in support of this provisional variance; and
    3.
    Notification shall be sent to the Agency when the burning is commenced and
    again when it is completed. Notification should be sent to:
    Deborah J. Williams, Assistant Counsel
    Illinois Environmental Protection Agency
    Division of Legal Counsel
    1021 East North Grand Ave.
    P.O. Box 19276
    Springfield, IL 62704-9276
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of January 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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