ILLINOIS POLLUTION CONTROL BOARD

September

23,

1983

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Petitioner,

v.

)

PCB 81—116

VICTORY MEMORIAL HOSPITAL

ASSOCIATION,

Respondent

ORDER OF

THE BOARD

(by

J

.

D

Dumelle):

This matter comes before the Board upon a September

1,

1983

motion for modification

of the Board~sFebruary

10,

1983 Order

as

modified by Order of June

2,

1983.

Victory Memorial Hospital

requests the period of time prior to which the cease and desist

order becomes effective he extended by an additional

60 days.

The Board notes that such request, having been filed after

the period allowed

for motions to modify

(35 111,

Adm. Code

103.240),

should be

in the form of

a variance petition.

However,

there

is

some indication that the compliance mechanism suggested

by consultants

(an ice cooling

system)

is

in the nature of newly

discovered evidence such

that relief can be granted by way of a

motion under 35

Iii,

Adm, Code 103.241.

Further,

if

a variance

mechanism were used,

compliance would probably

be

attained prior

to a decision on

the variance Detition,

The

Board

again

notes

that

it was aware at the

time

it

entered

its original Order that

the period allowed

to attain

compliance was

short,

However,

it did so

in

an attempt to assure

compliance at the earliest possible date,

The Hospital has,

apparently,

been

proceeding expeditiously toward compliance, but

has discovered that an

additional

60 days will be

required.

The

Board notes that the record failed to

support any particular

compliance mechanism and that considerable time has been required

to identify available compliance options.

The motion is granted, and the Hospital

is hereby given an

additional

60

days

to cease and desist

from further violations.

The Board reiterates, however, that compliance

is

expected to be

IT IS

SO ORDERED.

I,

Christan

L.

Moffett, Clerk of the Illinois

Pollution

Control

Board,,

;hereby certify that the above Order

was

adopted

on the

day of

~

_____

,

1983

by a vof~~F~~

—

~rstaiiL.Moff~rk

-

Illinois Pollution

bntrol

Board