ILLINOIS POLLUTION CONTROL BOARD

November 6, 1975

CANDY AND COMPANY, INC.,

a corporation,

Petitioner,

v.

)

PCB 75—422

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon the October 30, 1975, Petition for Variance of

Candy and Company, Inc. (Candy).

Candy seeks variance from unspecified sections of the

Air Regulations for emergency use of its low pressure stoker

fired coal boiler. The Board does not grant variances for

use in emergency situations as the variance procedure was

not intended to excuse remote possibilities of violations of

the regulations. Galesburg State Research Hospital v. EPA,

PCB 75-198 (1975); Manteno State Hospital v. EPA, PCB 74-352

(1974); Stein Hall and Company v. EPA, PCB 73-561.

As Petitioner seeks variance for emergency periods

only, the Board must dismiss its Petition.

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board tha’t

Candy and Company, Inc.’s Petition for Variance be and is,

hereby, dismissed without prejudice.

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

Control Board, hereby c~rtifythe above Opinion and Order

were adopted on the

~

day of

_____________

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Christan L. Noffet~~j,.çaerk

Illinois PollutionC~trol Board

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