ILLINOIS POLLUTION CONTROL BOARD
    AUGUST
    1, 1985
    kLTON PACKAGING CORPORATION,
    Petitioner,
    V.
    )
    PCB 83—49
    PCB 83—55
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter
    comes before the Board upon a July 22, 1985,
    motion
    to dismiss filed on behalf of the Illinois Environmental
    Protection Agency (Agency).
    Alton Packaging Corporation filed a
    response on July 29,
    1985.
    These matters were filed on April
    13, 1983,
    requesting
    a
    variance
    from the sulfur dioxide
    standards (PCB 83—49)
    and an
    alternative sulfur dioxide standard
    (PCB 83—55),
    thereby invoking
    a stay of the then—newly adopted sulfur dioxide standards
    applicable
    to Alton’s facility pursuant to Section 38
    of the
    Environmental Protection Act and 35
    ill. Adm.
    Code 104.102.
    The
    Agency argues that Alton should no longer have the benefit
    of
    such stay due to its dilatory actions
    in these matters.
    The
    Board agrees.
    On June
    29, 1984,
    the Board entered an Order
    which noted
    no
    activity
    in PCB 83—49
    since August
    18,
    1983, and ordered that
    hearing
    be scheduled within
    30 days and held within 60 days.
    Otherwise,
    the proceeding would be subject to dismissal.
    On July
    30,
    1984, Alton moved to modify that Order
    to allow hearing
    to be
    held on
    or before October
    30, 1984.
    Hearing was finally held on
    December
    7, 1984, at which time Alton indicated that it would
    file an amendment to
    its petition within 30 days.
    No such
    amendment has been filed.
    There has also been no further
    activity in PCB 83—55.
    The Board concludes that Alton has had sufficient time
    to
    present
    its case and should not be allowed
    to further extend
    the
    automatic stay provision by the filing of an amended petition.
    Alton has all but admitted that variance could not be granted
    based
    upon its present petition which invoked the stay.
    Proceedings
    in these matters are hereby dismissed.
    IT
    IS SO ORDERED.
    65-125
    2
    I, Dorothy
    ti. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted
    on
    the
    /M
    day of
    t~—._-I~
    ,
    1985, by
    a vote of
    7-o
    Dorothy
    M. Gunn, Clerk
    Illinois Pollution Control Board
    65-126

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