ILLINOIS POLLUTION CONTROL BOARD

April

10,

1975

SANDWICH

IRON FOUNDRY,

Petitioner,

v.

)

PCB 75-47

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Dr.

Odell)

On February

6,

1975,

the Illinois Pollution

Control

Board ordered Petitioner to

file additional information

within 45 days or have its Petition For Variance be subject

to dismissal for inadequacy.

On April

2,

1975, Petitioner

indicated its reasons for delay in filing the required

information and concluded by stating,

“We shall amend the

petition of February 3, 1975,

as soon as we hear from our

consultant.”

While the delay in the filing of the additional informa-

tion is excusable, we are constrained by the 90-day time limit

under Section

38 of the Illinois Environmental Protection Act

to dismiss this Petition.

Petitioner

is free to refile as soon

as it can meet the requirements

of Rule 401 of the Boardt s

Procedural Rules.

Petition For Variance is dismissed without

prejudice for failure to file sufficient information to permit

the Board to make

a decision on the merits of the Petition for

Variance.

IT IS SO ORDERED.

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

Board, hereby certify

that the above Opinion and Order was ad-

opted on the

/~t’1

day of

___________,

1975,

by

a vote of

___

to

c.