ILLINOIS POLLUTION CONTROL BOARD

February 11, 1976

LEONARD C. TRIEN, d/b/a TRIEM

)

INDUSTRIAL BUILDING OPERATIONS,

)

)

Petitioner,

)

v.

)

PCB 76-32

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin):

The Petition for Variance filed February 5, 1976 in this matter

is inadequate, for the following reasons:

1. Petitioner fails, in seeking a Variance from

the permit requirement

in

Rule 202(b) of Chapter 7: Solid

Waste, to detail any reasons why it is unable to obtain

the necessary permit(s) from the Environmental Protection

Agency.

2. Petitioner fails to show which, if any, of the

substantive Regulations in Chapter 7: Solid Waste, would

prevent the issuance of such permit(s).

3. Petitioner fails to show why similar relief

could not be obtained through Variance from applicable

substantive Regulations, in compliance with the Board’s

announced policy of preference toward the grant of such

Variance from substantive Regulations, where such grant

allows the Environmental Protection Agency to grant the

applicable permit(s).

In addition to the above, Petitioner is referred to the specific

requirements of Board Procedural Rule 401.

It is the Order of the Board that Petitioner shall amend its

Petition within 45 days of the date of this Order to provide the above

described information. Failure to timely file the Amended Petition

shall render this cause liable to dismissal for inadequacy. The 90—day

decision period set by statute shall run from the date of filing of the

Amended Petition.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Bo~rd,hereb c rtify the above Interim Order was adopted

on the

LI~

day of

__________,

1976, by a vote of

4.~,

Christan L. o fet lerk

Illinois Pollution trol Board