ILLINOIS POLLUTION CONTROL BOARD
    May
    14, 1987
    MT.. VERNON ASSOCIATION, INC..,
    )
    Petitioner,
    )
    v..
    )
    PCB 87—56
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent..
    )
    ORDER OF THE BOARD (by J..D.. Dumelle):
    This matter comes before the Board upon a May 1, 1987
    Petition for Variance filed by the Mt.. Vernon Association, Inc..
    (Mt.. Vernon).. Mt. Vernon requests a variance from provisions set
    forth in the Board’s Opinion and Order of November 21, 1985 in
    the case of PCB 84—84.. However, the Board finds this petition
    deficient in that it fails to include:
    1) A clear and complete statement of the precise extent of
    the relief sought, including specific identification of
    the particular provisions of the regulations or Board
    Order from which the variance is sought;
    2) A description of the business or activity of the
    petitioner including the size of the business and
    number of employees and a description of the location
    and area affected by petitioner’s operations;
    3) The quantity and types of materials used in the process
    or activity for which the variance is required and full
    description of the particular process or activity in
    which the materials are used;
    4) Data describing •the nature and extent of the present
    failure to meet the numerical standards or particular
    provisions from which the variance is sought and a
    factual statement why compliance with the Act and
    regulations was not or cannot be achieved by the
    required compliance date;
    5) A detailed description of the existing and proposed
    equipment or proposed method of control to be
    undertaken to achieve full compliance with the Act and
    regulations, including a time schedule for the
    implementation of all phases of the control program
    from initiation of design to program completion and the
    78-33
    —2—
    estimated costs involved for each phase and the total
    cost to achieve compliance;
    6) An assessment, with supporting factual information, of
    the environmental impact that the variance will impose
    on human, plan.. and animal life in the affected area,
    including, where applicable, data describing the
    existing air and water quality which the discharge may
    affect;
    7) Past efforts to achieve compliance including costs
    incurred, results achieved, permit status;
    8) A discussion of the availability of alternate methods
    of compliance, the extent that such methods were
    studies, and the comparative factors leading to the
    selection of the control program proposed to achieve
    compliance;
    9) A statement of the measures to be undertaken during the
    period of the variance to minimize the impact of the
    discharge of contaminants on human, plant, and animal
    life in the affected area;
    10) A concise factual statement of the reasons the
    petitioner believes that compliance with the particular
    provisions of the regulations or Board Order would
    impose an arbitrary or unreasonable hardship;
    11) A statement indicating whether the Board may grant the
    requested relief consistent with the Resource
    Conservation and Recovery Act and Federal Regulations
    adopted pursuant thereto; and
    12) Proof of service upon the Illinois Environmental
    Protection Agency..
    Unless an amended petition curing the above—noted defects is
    filed within 45 days, this matter will be subject to dismissal..
    IT IS SO ORDERED..
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, here~ ertify that the above Order was adopted on
    the
    /~L.,71
    day of
    _____________,
    1987 by a vote
    of
    -
    ..
    Dorothy M.. unn, Clerk
    Illinois Pollution Control Board
    78-34

    Back to top