ILLINOIS POLLUTION CONTROL BOARD

October 17, 1974

EARLY

AND

DANIEL

COMPANY,

Petitioner,

v.

)

PCB

74—368

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

INTERIM

ORDER

OF THE BOARD

(by Dr. Odell)

On September

30, 1974,

the Early and Daniel Company

filed

a variance petition with the Pollution Control Board

(Board)

and sought additional time to comply with Section 9(a)

of the Environmental Protection Act

(Act)

following violations

established in Environmental Protection Agency v. Early

and

Daniel Company, PCB 73-454;

12 PCB237

(May 9,

1974).

On October

9, the Petitioner filed additional information consisting of

letters from a supplier in which delays were mentioned in imple-

menting the Board’s October

1 deadline for installing certain

pollution control equipment.

On

October

10,

1974,

the

Environmental

Protection

Agency

(Agency)

filed a Motion to Dismiss the variance request, because

Petitioner had failed to supply sufficient information to enable

the Agency to decide whether the variance should be granted.

Petitioner is asked to amend the Petition for Variance

within 35 days of the adoption

of this Order and provide the

kind of information required by Rule 401 of the Procedural Rules.

The 90-day requirement for final action under Section 38 of the

Act will begin to run from the filing date of the Amended

Petition.

Failure to timely file the additional

information will

make the Petition subject to dismissal for inadequacy.

IT

IS

SO

ORDERED.

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

Board, hereby certify that the above Opinion and Order was

adopted on the

(f~’

day of

_______________,

1974, by a vote of

~

top

~Q~e~L

Christan

L.

~~1fett