ILLINOIS POLLUTION CONTROL BOARD

June

3,

1976

CATERPILLAR TRACTOR CO.,

Petitioner,

v.

)

PCB

76—131

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Zeitlin):

The Variance Petition filed

May

7,

1976,

is inadequate

in the

following respects:

1.

Petitioner’s allegation of hardship is

inadequate;

the bare assertion that hardship exists

is insufficient.

2.

The Petition fails

to show a compliance

plan;

either such a compliance plan should be shown,

or the inapplicability

of the compliance plan require-

ment should be discussed.

In addition,

it

is not clear that Petitioner

is seeking

the

proper relief in this Variance Petition.

Paragraph

4

of the Petition

questions the validity of the information requirements

of the Environ-

mental Protection Agency,

giving indication that the proper form of

relief may be a Permit Appeal.

It is the Order of the Board that Petitioner amend

its Petition

within

45 days of the date of this Order

to provide

the above described

information or,

in the alternative, file a Petition for Permit Appeal

in the matter.

Failure to comply with this Order shall cause the

instant Petition to be dismissed without prejudice for inadequacy.

The 90-day decision period set by statute shall run from the date

of filing of the Amended Petition,

should Petitioner

so

file.

IT

IS SO ORDERED.

I, Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Bo,~d, hereby certify the above

Interim Order was adopted

on the

3~

day ~

,

1976, by a vote of

C

istan

L. Mo fett,

Illinois Pollution Co

Board

22—69