ILLINOIS POLLUTION CONTROL BOARD

February 25,

1988

SOURS GRAIN COMPANY,

Petitioner,

v.

)

PCB 85—190

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board upon Petitioner’s

February

2,

1988 filing of an Amended Petition For Extension Of

Variance.

Respondent

filed

a timely Motion To Strike on February

10,

1988.

The Motion To Strike

is granted

for

the reasons set

forth below.

Petitioner commenced

this action on November

7,

1985,

requesting variance

from 35

Ill. Adm. Code Sections

212.462(b)(l)(a) and

(c) and 212.426(d)(3)(a);

or

in the

alternative requesting

that the grain handling regulations be

deemed invalid

as applied to Petitioner;

or

in the alternative

requesting

a finding that Petitioner’s current control measures

have achieved an equivalent

level

of control.

On December

9,

10,

and 16,

1986, public hearings and confidential hearings were held

providing

information related

to the variance request,

the

regulations,

Petitioner’s financial capacity, environmental

impacts, standards,

feasibility of compliance, etc...

The recent filing of February

2,

1988 contains new

information concerning

financial arrangements between Petitioner

and certain creditors.

This

information

is material on the issue

of Petitioner’s ability to afford structural

plant modifications

which,

it

is argued, would enhance compliance with the

regulations.

The recently submitted data

is unattested,

and comes too

late

to be admitted

in these proceedings.

Hearings were

scheduled and conducted;

all material and relevant evidence was

presented and proffered at hearing.

Post hearing briefs were

presented and filed

in March of

1987.

The evideritiary portion

of

this matter

is closed.

The Agency’s Motion To Strike

is granted; the additional

information will not be considered.

Notwithstanding,

the Board

86—307

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—2--

does not agree that Petitioner’s filing constitutes

an abuse of

process,

as alleged

in the Agency’s Motion To Strike.

The Board intends

to issue

a final order with the evidence

and arguments on file.

If Petitioner

feels that data contained

in the recent filing warrants new hearings,

it may withdraw the

current variance petition and file anew.

But this Docket

is

closed.

If

the Board does not receive

a Motion To Withdraw on or

before March 30,

1988, this Board will issue

its final decision

shortly thereafter.

IT

IS SO ORDERED.

I,

Dorothy M. Gunn,

Clerk of

the Illinois Pollution Control

Board,

hereb

certify that

t

e above Order was adopted on

the

tZ

day

of

____________,

1988 by a vote

of

7-O

Do r

Illino

Pollution Control Board

86—308