November

19, 1992

WE-SHRED-IT,

INC.,

)

Petitioner,

v.

)

PCB 92—180

)

(Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.C. Marlin):

On November

17,

1992, petitioner, We—Shred-It,

Inc. filed a

variance petition

with the Board.

The petition requests a

variance from the financial assurance

requirements

for used and

waste tires

in 35

Iii. Adm. Code 848.Subpart

D, with respect to

petitioner’s tire shredding operation in Pana,

Christian County.

The variance petition apparently grows out of the Board’s opinion

and order

in

In The Matter of: Petition of We—Shred—It,

Inc. for

an adjusted standard from 35 Ill. Adm.

Code 848.101

(Waste

Tires), AS 92-2 (September

3,

1992), that order denied an

adjusted standard for this facility, but stated that the facility

was not precluded from filing a petition for variance.

The procedural rules governing variance petitions pursuant

to Section 35 of the Act are found in 35 Ill. Adm. Code

101.

and

104.

It

would appear that petitioner may not have referenced the

Board’s procedural rules, since the petition does not follow the

format of the rules.

This petition, standing alone,

is deficient for failure to

provide much of the information required by Sections 104.121 and

104.124, including but not limited to the following:

*

Description of the business.

*

Detailed description of proposed equipment to be

used in the compliance plan.

*

Description of past efforts to achieve compliance.

*

Discussion of alternate methods of achieving

compliance,

and the comparative factors leading to

selection of the compliance program in the

petition.

Cit 37-0229

---

2

*

Concise factual statement of the reasons

petitioner believes that compliance with the

regulations would impose an arbitrary or

unreasonable hardship.

*

Request for a hearing,

or, alternatively, a waiver

of hearing and an affidavit or other proof

in

support of the material facts alleged in the

petition.

However, much of the above information is summarized in the

Board’s order in AS 92—2.

The Board on its own motion

incorporates the opinion and order by reference.

However, the

petitioner may wish to supplement and update the information,

particularly where the Board noted in AS 92-2 that information

was unclear, contradictory or confusing and present it in

a

format suitable for a variance petition.

If a hearing is to be

waived, the petition must be supported by an affidavit.

Additionally,

a variance must captioned as provided in 35

Ill. Adm. Code lOl.Appendix A, Illustration D, or as shown above.

The petitioner must serve a copy of the petition on the Illinois

Environmental Protection Agency (Agency), and file a proof of

service.

Pursuant to Section 101.143(a) (3), a proof

of service

by

a non-attorney needs to be by affidavit.

(Section

101.120(b) (3).

In AS 92-2 the Board was confronted with a confused record

which resulted in part from piecemeal amendments to the petition.

The Board strongly urges petitioner to file a complete amended

petition which includes both the information in the November 17,

1992 petition and the information requested above.

Unless an amended petition for variance

is filed within 45

days after the date of this order,

curing the above—noted

deficiencies, this matter will be subject to dismissal.

The

Board notes that,

for purposes of calculation of the decision

deadline pursuant to Section 38 of the Act, the filing of an

amended variance petition will restart the Board’s 120 day

deadline.

IT IS SO ORDERED.

0137-0230

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3

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify~±hatthe above order was adopted on the

~

day of ____________________________,

1992 by a vote of

7—?

.

L

~

Dorothy M.,,4~Lnn,Clerk

Illinois P1oylution Control Board

O137-023~