ILLINOIS POLLUTION CONTROL BOARD

April

1,

1987

TRILLA STEEL DRUM CORPORATION,

Petitioner,

v.

)

 PCB 86—9

ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

 3. Marlin):

In

 its February

5,

 1987 Opinion and Order granting variance,

the Board specified

 in the last paragraph in its Order that

within

 45 days, petitioner was

 to execute

 a Certificate

of

Acceptance

 in the following form:

“I,

 (~e)

...

 having

 read

 the Order

 of the Illinois

Pollution

 Control

 Board

...

 understand

and

 accept

the

 said

 Order,

 realizing

 that

 such

 acceptance

renders

all

 terms

and

 conditions

 thereto

 binding

and enforceable.”

On March

 26, 1987,

 Trilla submitted

 a certification stating

that it:

“hereby accepts and agrees

 to be bound,

to

the

extent

 it is possible for the company

 to comply,

by

all terms

 and conditions of the Order

 of the

Pollution Control Board”.

This conditional certification

 is unacceptable.

 Trilla’s

only options are

1)

 to accept the variance and execute

the

certificate

 in the

 form specified,

2)

to

 reject

 the variance

and

decline

 to execute the certificate, or

3)

 to move the Board

for

reconsideration of any provision which

 it finds unacceptable, and

then

 to exercise option

1)

 or option

2)

 in light of the Board’s

ruling upon reconsideration.

 Trilla

 is hereby given leave

to

make an appropriate

 filing consistent with this Order

 on or

before April

15,

 1987.

IT

IS

 SO ORDERED.

77-31

—2—

I,

 Dorothy N.

 Gunn, Clerk of the Illinois Pollution Control

Board,

 hereby certify that the above Order was adopted on

the

_________

day

 of _________________________, 1987 by a vote

of

Dorothy M7Gunn, Clerk

Illinois Pollution Control Board

77-32