ILLINOIS POLLUTION CONTROL BOARD
    August
    23, 1979
    ALGONQUIN AREA PUBLIC LIBRARY
    DISTRICT,
    Petitioner,
    v.
    )
    PCB 79—159
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On August 10,
    1979,
    Petitioner requested a variance from
    “the noise regulations
    set forth in the complaint herein,” to
    operate
    its air conditioner
    “on an occasional
    basis at maximum
    loading levels only between the hours of 7:00 a.m.
    and 10:00
    p.m. at noise levels no greater than those set forth on the
    EPA test results of July 12, 1979.”
    The petition
    is
    insufficient
    for the following reasons:
    1.
    It fails to specifically identify the regulation
    from
    which the variance
    is sought
    (Procedural Rule 401(a)1);
    2.
    It fails to describe the activity of the petitioner and
    the area affected by its operations
    (Procedural Rule 401(a)2);
    3.
    It fails to include the quantities and types
    of materials
    used in the activity for which the variance is sought
    (Procedural Rule 401(a)3);
    4.
    It fails to state the number of decibels currently emitted,
    and the locations of points of discharge and points of
    reception
    (Procedural Rule 401(a)4);
    5.
    It fails to describe in detail the proposed equipment or
    method of control to be undertaken to achieve
    full
    coin—
    pliance with the Act and regulations (Procedural
    Rule
    401(a)6);
    6.
    It fails to assess the environmental impact of the variance
    (Procedural Rule 401(a)7);
    35—239
    —2—
    7.
    It fails to discuss
    the availability of alternative meth-
    ods of compliance, the extent such methods were studied,
    and the comparative factors in the selection of a control
    program proposed to achieve compliance
    (Procedural Rule
    401(a) 9)
    8.
    It
    fails
    to state the measures
    to be undertaken during
    the variance period to minimize impact on human
    life in
    the affected area
    (Procedural Rule 401(a)10);
    9.
    It fails to request
    or to waive a hearing
    (Procedural
    Rule 401(b)); and
    10.
    It fails to concisely
    state factual reasons why Petitioner
    believes compliance with the particular regulation/s would
    impose an arbitrary or unreasonable hardship
    (Procedural
    Rule 401(c)).
    If these inadequacies are not corrected within 45 days
    of the date of this Order, this matter will be subject to dis-
    missal.
    The statutory 90—day decision period shall run from
    the date an amended petition is filed.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control ,,B8ard, hereb
    certif
    the above Order was adopte~on
    the~3f~
    day of
    _______________,
    1979 by a vote of
    ~-O
    Q~an4~Moffe~~
    Illinois Pollution
    ol Board
    35—240

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