ILLINOIS
    POLLUTION CONTROL BOARD
    January
    5,
    1989
    THE
    ENSIGN
    BICKFORD
    COMPANY,
    Petitioner,
    I
    y.
    )
    PCB 88—168
    )
    ILLINOIS ENVIRONMENTAL
    I
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. Nardulli):
    On December 15,
    1988, the Illinois Environmental Protection Agency
    filed
    a
    Motion
    for
    Reconsideration
    with the
    Board
    reauesting
    the
    Board
    to
    reconsider
    the Agency’s motion for dismissal of the petition for inadequacy.
    The Board’s
    order of November 29, 1988 orders the Petitioner to correct the deficiencies
    in the petition at hearing.
    This action was taken by the Board in an effort
    to avoid unnecessary delay in the decision making process in this matter.
    After
    reconsidering
    it’s
    decision
    of
    November 29,
    1988, the Board appreciates
    that
    the
    Agency
    requires
    the
    minimum
    information
    in
    order to
    prepare
    a
    useful
    recomendation
    and
    to
    properly
    prepare
    for
    hearing.
    Therefore,
    the
    Board
    hereby
    issues
    an
    order
    for
    additional
    information.
    On November 23, 1988, the Ensign Bickford Company filed a Petition for
    Variance.
    Petitioner requests a variance from 35 Ill. Mm. Code 237.102 to
    allow open burning of explosive waste and explosive contaminated waste
    pursuant to 35 Ill. Mm. Code 103.
    That petition is deficient in that
    it
    fails to provide:
    1.
    The subject petition is deficient in that
    it
    fails to
    request
    a
    variance
    for
    a
    specific
    time
    period.
    2.
    The
    subJect petition
    is
    deficient
    in
    that it
    fails
    to
    set
    forth
    a
    time
    table to
    come
    into
    compliance.
    3.
    The subject petition is deficient ~nthat it fails to
    set forth a compliance plan.
    4.
    The subject petition is deficient in that it
    fails to
    state the present method of disposal of the explosive
    waste and explosive contaminated waste, to include
    cost and said disposal.
    5.
    The subject petition is deficient
    in that
    it fails to
    address the issue of arbitrary or unreasonable
    hardship.
    95—49
    —2-
    6.
    The subject petition
    is deficient
    in that
    it fails
    to
    address
    the
    issue of consistency with Federal
    Law.
    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 SO ORDERED.
    I,
    Dorothy
    M Gunn, Clerk
    of
    the illinois Pollution Control
    Board, hereby
    certify
    at the above Order was adopted on the
    _____________
    day
    of ________________________,
    1989,
    by
    a vote of
    7—a’
    4—,
    Dorothy
    ~
    Gun
    ,
    Clerk,
    Illinois Pollution Control
    Boaru
    95—5f)

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