ILLINOIS
POLLUTION
CONTROL BOARD
March 24,
1983
MODINE MANUFACTURING COMPANY,
Petitioner,
v.
)
PCB 83—18
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by
I.
G,
Goodman):
On March 16,
1983 the Illinois Environmental Protection
Agency (Agency)
filed a Motion to Dismiss arguing in support
of the motion that none of the three alternative
forms of relief
requested by Modine Manufacturing Company (Modine)
can be granted
in the context of a variance proceeding.
The Agency objects to
Modine’s request that the Board determine whether certain rules
of Chapter
2 of the Board~sRules and Regulations apply to
Modine’s facilities or that its facilities are
in compliance
with said rules.
In addition, the Agency argues that Modine
has not presented a compliance program designed to achieve
eventual compliance with the rules.
Finally, the Agency argues
that the petition is premature and that it is unable to develop
a suitable recommendation due to lack of information.
Modine responds that the Board does have the power to deter-
mine the applicability of its rules to a facility in the context
of a variance proceeding and to determine what constitutes com-
pliance with a rule or regulation of the Board,
Modine makes
additional arguments concerning other allegations of the Agency
in its motion.
The Board agrees that it has the power
t.o inter-
pret the Statutes and the Rules and their application to a par-
ticular facility.
It is also clear that the Board may find a
facility in compliance with a rule when considering whether or
not a variance shall be granted.
With respect to the other objec-
tions voiced in the Agency~smotion, they are all
a matter of fact
to be determined by the Board at the conclusion of this proceeding.
The Agencyt s Motion to Dismiss will therefore be taken with the case.
IT IS SO ORDERED.
Board Member J.
Anderson and D.
Anderson dissented.
I,
Christan L,
Moffett, Clerk of the Illinois Pollution
Control Bo~d,hereby certi1fy that the above Order was adopted
on the
~‘-r’
day of
1983 by a vote of
..~-
‘~
ntrol
Board
51-361