ILLINOIS POLLUTION
    CONTROL BOARD
    February 10,
    1983
    WILL COUNTY
    PRODUCE
    COMPANY
    AND
    )
    S
    & T
    COMPANY,
    )
    Petitioner,
    PCB
    82—129
    ILLINOIS
    ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    J~Anderson):
    On January 24,
    1983 the Company moved for reconsideration
    of the Board’s Order of January 13,
    1983 granting an 18—month
    variance from certain noise rules.
    On February
    7,
    1983 the
    Agency moved the Board to grant the full
    5 year variance
    requested by the
    Company.
    The motion for reconsideration
    is
    denied, but the Board will supplement its remarks concerning
    the nature of the forms of relief available to the Company
    in
    its situation.
    Variance relief under the Act contemplates that during
    the variance period the
    polluter
    will come into full compliance
    with applicable regulations.
    Site
    specific regulations, on
    the other hand, acknowledge
    that
    the general
    rules cannot and
    should not be met by a particular source, and establish
    limitations appropriate
    to
    the
    individual situation.
    The Company
    here
    does not
    seek
    a variance to gain
    additional time to achieve compliance,
    Rather,
    it
    seeks a
    5 year “waiver of enforcement”
    on
    the grounds that its noise
    violation
    is de
    minimis
    and it
    has
    expended substantial sums
    to lower its noise emissions,
    Presumably, assuming no change
    in its situation, the Company would apply for another
    5 year
    waiver at the end of that period, and
    another,
    and another,
    based on the same arguments.
    The Act does not allow for the
    granting of such “waivers of
    enforcement for de
    minlmis
    violations”.
    51~133
    2
    It
    is regrettable that the Company has misconstrued the
    PCB 77—133 stipulation relating to variance relief.
    The Board
    hopes that it has now been made clear that the Company’s
    options are to achieve compliance during the 18—month variance
    period
    (although, of course, further variance relief may be sought
    if unavoidable compliance delays should occur),to seek a site—specific
    rule change,
    or to take its chances on the filing and results of
    future enforcement actions
    for even de minimis violations
    of the
    general rule,
    IT IS SO ORDERED.
    Board Member Nels Werner and Chairman J,D. Dumelle dissented.
    I, Chrsitan L,
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    J~
    day of
    1983 by a vote of~-
    Illinois Pollution Cânt.rol Board
    51-134

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