ILLINOIS POLLUTION CONTROL BOARD

December 3, 1987

CONTAINER CORPORATION OF AMERICA,

Petitioner,

v.

)

POB 87—183

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE 3OARD (by

3.D.

Dumelle):

This matter comes before the Board upon Petitioner’s

Petition For Variance dated November 30, 1987. As a cnreshold

matter, the proposed compliance plan is inadequate. Specif-

ically, the schedule proposed in lieu of the site—specific rule

change sets forth compliance dates too distant in tne future.

Also, the Petition requests a variance in order to install

certain control equipment or pursue a site—specific rule

change. Petitioner has indicated tnat it may challenge tne

validity of the regulation. In Village of Carey v. IPCB 403 NE2d

83 (2nd Dist., 1980) the court stated as follows:

When tne validity of a regulation has been

challenged~ as in tnis case, trie Board may

properly consider the evidence received

when it adopted

...

the regulation

...

and

that evidence should be made a part of the

record

.. .

for purposes of judicial review.

Accordingly, the Board orders tne parties to present

arguments concerning the burdens of proof, standards of review

and relevant evidence to be considered at such hearing. If an

amended petition curing the above—noted defects is not filed

within 45 days from the date of this Order, along with the

information required by this Order, 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 t,k~e above Order was adopted on

the

~

day of

~

1987 by a vote

~

~~-x~C~

Dorothy t4. Gu~in, Clerk

Illinois Pollution Control Board

84-59