ILLINOIS POLLUTION CONTROL BOARD

May 5, 1988

SOURS GRAIN COMPANY,

Petitioner,

v.

)

PCB 88—80

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon Petitioner’s May 3,

1988, filing of a Petition For Variance, PCB 88—80. The Petition

is deficient in that the compliance plan set forth at p. 18

contains a compliance date of December 31, 1988; however, the

Petition, itself, requests until December 31, 1989. The

discrepancy is unexplained. Additionally, this Board only

recently denied a variance (PCB 85—190) to this Petitioner for a

time period which is also referenced in this Petition. Having

already passed on Petitioner’s variance request for this period

the Board finds the current request (covering the same time

period) frivolous or duplicitous. Petitioner is invited to brief

the issue of the res judicata effect of this Board’s denial in

PCB 85—190 insofar as that action denied a variance for the same

period of time sought in the current Petition; or explain to the

Board how the current Petition is different from PCB 85—190.

If the Board does not receive an Amended Petition For

Variance, curing the above—noted defects within 45 days of the

date of this Order, this action 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

_____________,

1988 by a vote

of

____________.

Dorothy M. dunn, Clerk

Illinois Pollution Control Board

89—137