ILLINOIS POLLUTION CONTROL BOARD

December

4,

1975

JACKSONVILLE MENTAL

HEALTH

AND

DEVELOPMENTAL CENTER,

)

DEPARTMENT OF MENTAL HEALTH,

)

Petitioner,

v.

)

PCB 75—451

)

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr.

Zeitlin):

The Petition for Variance in this matter was filed on

November 26,

1975.

That section of the Petition seeking relief

from the particulate emission standards is inadequate in light

of Train v.

N.R.D.C.~,43 U.S.L.W.

4467

(U.S., April 16,

1975).

The Train case reqtiires that before a Variance may be granted,

it must be shown that such grant will not interfere with the

attainment or maintenance of the National Ambient Air Quality

Standards.

The Petition does not address these requirements.

See, King—Seeley Co.

V.

EPA,

PCB 75—159

(April 24, 1975)

TTh~terimOrder of the Board); Great Lakes Carbon Corp.

v. EPA,

PCB 75—85

(May 22, 1975).

Further, the instant Petition is wholly inadequate,

for

failure to conform with Procedural Rule 401, concerning Variance

Petitions.

While the Petition refers

to a prior decision,

(PCB 74-356), Petitioner has failed to stipulate to or include

by reference in the instant Petition the record in that or any

other case, which would here cure the defect under 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 further showing required under the Train case,

and cure the

other procedural defects under Procedural Rule 401.

Failure to

timely file the Amended Petition shall cause the 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.

IT IS SO ORDERED.

I,

Christari L. Moffett,

Clerk of the Illinois Pollution

Control Board,

he,ç,eby certify

e abo e Interim Order was

adopted on the

4’~

day of

___________

1975 by a vote

of

.p

Illinois Pollution

•trol Board

19

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