ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1975
    FRANK FOUNDRIES CORPORATION,
    Petitioner,
    V.
    )
    PCB 74—460
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by Mr. Zeitlin):
    The Board entered a final Opinion and Order in this
    matter on April 10, 1975. Thereafter, on May 8, 1975,
    the Board received Petitioner’s Motion under Rule 334
    seeking to vacate the April 10, 1975 Opinion and Order.
    Petitioner’s Motion also sought leave to file an Amended
    Variance Petition, and to o~feradditional evidence to the
    Board to support such an Amended Petition.
    Petitioner states:
    1. The Board was not apprised of a waiver of the 90 day
    requirement submitted by Petitioner to the Environmental
    Protection Agency.
    2. Prior to the entry of the Opinion and Order in this matter,
    Petitioner was in the process of preparing additional
    information for submission to the Board regarding its
    original Petition.
    3. Petitioner intended to file further additional information
    reflecting its past attempts to achieve compliance,
    and to detail the nature of its present operations.
    Frank Foundries’ Petition for Variance was dismissed
    without prejudice because Petitioner had failed to allege,
    much less show, all of the factors which are required before
    this Board can grant a Variance. The burden here was upon
    Petitioner; its present desire to correct the deficiencies
    in its prior pleadings does not constitute grounds to reverse
    our prior judgment. Should Petitioner feel that itha s
    sufficient facts and information upon which this Board nay
    grant a Variance, it is invited to file a new Variance
    Petition which will meet our requirements. Petitioner~
    17— 13
    —2—
    Motion to Vacate our prior Opinion and Order, file
    an Amended
    Variance Petition, and to offer additional evidence must be
    denied.
    IT IS SO ORDERED.
    Mr. Henss abstained in this matter.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board hereby certify that the above Order was açlopted
    on the
    1~~’
    day of
    __________,
    1975 by a vote of ~j
    to__.
    Christan L. Moffe V~C1erk
    Illinois Pollution~6ntroi Board
    17
    —
    14

    Back to top