ILLINOIS POLLUTION CONTROL BOARD
    February 25, 1993
    CABOT CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—179
    )
    (Variance)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by G. P. Girard):
    On February 18, 1993, the parties filed a “Joint
    Stipulation” in this variance proceeding. The stipulation
    indicates that the parties had agreed on certain conditions for
    the variance and as a result no hearing was necessary. (Stip. at
    2.) The stipulation requests that the Board grant the variance
    with the agreed upon conditions. (Stip. at 2.) The stipulation
    also indicated that it is “submitted in lieu of a separate
    recommendation by IEPA pursuant to” 35 Ill. Adm. Code 104.180.
    (Stip. at 3.)
    The Board first notes that Section 37 of the Environmental
    Protection Act specifically requires the Agency to file a
    recommendation with the Board. (415 ILCS 5/37.) The Board will
    therefore interpret the stipulation as the Agency
    “recommendation” in this proceeding. However, the stipulation
    does not contain sufficient information for the Board to act on
    this variance proceeding. Specifically, an Agency recommendation
    is to address six substantive issues pursuant to 35 Ill. Adin.
    Code 104.180 and the stipulation does not address allthose
    areas. Therefore, the Board directs the parties to file more
    information on:
    A description of the Agency’s efforts to
    investigate fact and to ascertain view of
    person who might be affected (Section
    104.180(1);
    A statement regarding the Agency’s position
    on the facts as alleged in the petition
    (Section 104.180(2));
    Applicability of federal law (Section
    104.180(4));
    Costs of compliance (Section 104.laO(5)).
    Such information shall be received by the Board no later than
    0139-0595
    2
    March 4, 1993. Additional time will be granted only if a waiver
    of decision deadline is also filed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby cer y that the above order was adopted on the
    ___________
    day of
    _____________,
    1993, by a vote of
    ~
    Dorothy N. ~nn, Clerk
    Illinois Po~ution Control Board
    0139-0596

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