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

    Back to top