ILLINOIS POLLUTION CONTROL BOARD

May 8, 1975

E.W. KNEIP, INC., an

Indiana corporation,

Petitioner,

)

v.

)

PCB 75—171

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,)

Respondent.

INTERIM ORDER OF THE BOARD (by Dr. Odell)

On April 24, 1975, E.W. Kneip, Inc. filed a Petition

For Variance with the Illinois Pollution Control Board (Board).

The Petitioner requested an extension of the variance granted

on January 3, 1974 (PCB 73-55 and PCB 73-174, consolidated)

as later extended to May 3, 1975 (PCB 74—372) from the require-

ments of Section 12 of the Illinois Environmental Protection

Act (Act) and Rules 203, 402, 404, 405, 407, 408, and 903 of

the Water Pollution Regulations (Chapter Three).

In substance,

Petitioner requests a variance so that

it

can continue to pollute

local streams while it works with the Village of Elburn to con-

struct and operate a consolidated treatment system to control the

water pollution problem.

We rule that a hearing should be held in this case. The

complexity of the control program and the involvement of the

Village of Elburn convince us that a public hearing has merit.

During the hearing process, Petitioner will have the opportunity

to meet the requirements of Procedural Rule 401 and to show the

impact of the program on the community, particularly how local

citizens would be affected by the continued pollution of local

streams if a variance were granted.

Petition For Variance in PCB 75-171 is ordered to be set

for hearing.

IT IS SO ORDERED.

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

Board, hereby certify that the above Interim Order was adopted

on the

~

day of May, 1975,

by a vote of

~JJ~

A

;~/‘.

.~

1

-

Christan L. Mof~ettJ,’C1erk

Illinois Pollution Control Boar~

16

—

651