ILLINOIS POLLUTION CONTROL BOARD

April 24, 1986

FEDDERS—USA,

Petitioner,

v.

)

PCB 86—47

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On April 16, 1986, the Agency filed a motion to dismiss and

a motion to strike portions of Fedders’ April 1, 1986 variance

petition. Fedders filed a response in opposition on April 23.

The Agency’s motions are denied. On April 10, the Board had

issued a more information Order addressing the concerns

articulated by the Agency, and requiring the filing of an amended

petition; it would appear that the Agency’s motion and the

Board’s Order crossed in the mail. The Agency may renew its

motions after analyzing the response Fedders makes to the April

10 Order.

Finally, the Board notes that it does not consider Fedders’

April 23 filing to be responsive to the Board’s April 10 Order,

and thus continues to anticipate the filing of an amended

peition.

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

~

,

1986, by a vote of

7—c’

y7~.

Dorothy M. Gánn, Clerk

Illinois Pollution Control Board