ILLINOIS POLLUTION CONTROL BOARD

November

6,

1975

INTERNATIONAL HARVESTER,

WISCONSIN STEEL DIVISION,

Petitioner,

v.

)

PCB 75—271

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon International Harvester’s

(Harvester) October

21,

1975, and October 31,

1975, Motions for Continuance and

the Environmental Protection Agency’s

(Agency) October 29,

1975,

Motion to Dismiss.

Harvester moves to continue this action until after it

consummates the sale of the premises

to McCouth Steel Company.

The Agency moves

to dismiss since,

after the sale, Harvester

will not be in

a position to meet the compliance plan described

in its variance petition.

Harvester answers the Motion to

Dismiss by stating that it has always acted in good faith

and will continue to adhere to its control plan during the

pendency of the sale.

Harvester also states that the sale

has not been finalized.

The Board finds that both motions should be denied.

Harvester is entitled to seek its variance, but, by its

answer to the Agency’s motion, it has contradicted its basis

for a continuance, i.e.,

that the sale of the premises is

imminent.

Therefore,

it is the Order of the Board that

Harvester’s Motions for Continuance and the Agency’s Motion

to Dismiss be and are, hereby,

denied.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Order was adopted on

the

~

day of

~

,

1975 by a vote of

Illinois Pollution

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