ILLINOIS POLLUTION CONTROL BOARD

April

6,

1989

GATX TERMINALS CORPORATION,

Petitioner,

v.

)

PCB 89—59

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On April

4,

1989,

the GATX Terminals Corporation

(“GATX”)

filed

a petition for variance

from 35

Iii..

Adm. Code 201.142 and

201.143.

That petition

is deficient

in that:

It fails

to indicate whether

relief can be

granted consistent with federal

law as

required by 35

Ill.

Adrn.

Code 104.122(a),

specifically, whether

relief can be granted

in

light

of construction bans imposed on Illinois

by USEPA

The Board also notes

that hearing

in

this matter

is

mandatory and will

be set

as soon

as an amended petition

is filed

with

the Board,

restarting

the statutory 120—day decision

deadline.

Unless

an amended petition

is

filed within 45 days of

the

date

of this Order,

curing

the above—noted defect,

this matter

will

be

subject

to dismissal.

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify~that the above Order was adopted

on

the

~

day

of

____________________,

1989,

by

a

vote

of

___________

__

___

___

~

Dor

oLby

M.

~ünn,

Clerk

Illinois ~11ution

Control Board

93—93