ILLINOIS POLLUTION CONTROL
    BOARD
    November
    3,
    1988
    ALLIED—SIGNAL, INC.,
    Petitioner,
    v.
    )
    PCB 88—172
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On October 21,
    1988,
    the Allied—Signal,
    Inc.
    (“Allied”)
    filed
    a petition for variance,
    seeking relief from the arsenic
    effluent standards at 35
    Ill.
    Adm. Code 304.124.
    That petition
    is deficient in that it fails
    to provide the Board with all
    available information on the amount and form of arsenic in
    petitioner’s effluent and fails to provide available information
    on the results
    of toxicity testing on petitioner’s effluent.
    Therefore,
    the Board will require the following information be
    submitted:
    1.
    all available information on the past and
    present concentrations of arsenic (in any
    form)
    found in petitioner’s effluent;
    and
    2.
    a full and complete copy
    of the toxicity
    report
    described
    in
    paragraph
    14
    of
    the
    petition.
    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.
    In addition, on October
    31,
    1988, Allied filed
    a permit
    appeal seeking review of
    a NPDES permit by the Illinois Envir-
    onmental Protection Agency captioned PCB 88—172.
    The Board has
    re—captioned this permit appeal as PCB 88—174.
    Allied
    is
    cautioned that the variance, PCB 88—172,
    and the permit appeal,
    PCB 88—174,
    are two separate and distinct proceedings.
    They have
    different due dates; different legal standards apply;
    and
    evidence introduced into one
    is not part of the other proceed-
    ing.
    These proceedings are not and cannot be consolidated and
    any documents Allied wishes
    to file must be directed
    to one
    specific proceeding.
    The Board will attempt
    to assign both
    proceedings
    to the same hearing officer so that
    it may be
    possible
    to have the hearing
    at the same date and place.
    IT IS SO ORDERED.
    93—317
    I, Dorothy
    M.
    Gurin,
    Clerk
    of
    the Illinois Pollution Control
    Boards
    hereby
    certi
    y
    that
    the
    above
    Order
    was
    adopted
    on
    the
    .-~-(
    day
    of
    ______________________,
    1988
    by
    a
    vote
    of
    ~.—o
    /.
    ___
    Clerk
    Pollution
    Control
    Board
    Ill
    mo
    93—313

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