ILLINOIS POLLUTION CONTROL BOARD
August 20,
1981
QUALITY READY MIXED,
Petitioner,
v.
)
PCB 81—125
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.D. Dumelle):
On August 7,
1981 Quality Ready Mixed filed a petition
for variance to allow the burning of clean waste
lumber
in an
Air Curtain Destructor.
On August 13,
1981,
the Illinois
Environmental Protection Agency
(Agency)
filed
a motion to
dismiss based upon the numerous defects in this petition.
That motion is hereby granted.
This proceeding
is dismissed
with leave to refile.
The most troublesome defects are:
1.
The lack of a precise statement of the relief requestel
including the Rule from which variance is requested
and the term of variance
(Procedural Rule 401(a)(1));
2.
A failure to describe the business activity (401(a) (2));
3.
A
lack of data concerning the discharge
(401(a)
(4));
4.
A
lack of the cost data of compliance (including
alternatives)
(402(a) (8)
and
(g));
5.
A
failure to request or waive hearing (and
if
hearing
is waived an accompanying affidavit
(401(b)); and
6.
The
lack of an analysis showing that the Board can
grant this variance consistent with federal law
(401(d)).
The Board notes that some of the defects may be cured by
incorporation of the record in PCB 76—224, Quality’s earlier
variance.
IT
IS SO ORDERED.
43—211
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereb
certify that the above Order was ac~opted
on the ~
day of
L±.
,
1981 by
a vote of
~
~
t
Christan
L. Moffe~
,
4~lerk
Illinois Pollution
trol Board
43—212