ILLINOIS
    POLLUTION CONTROL BOARD
    January
    3,
    1975
    THE EARLY AND DANIEL
    COMPANY.
    Petitioner,
    v.
    )
    PCB 74—368
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER
    OF THE BOARD
    (by
    Dr.
    Odeli)
    In
    its Interim Order
    of December
    5,
    1974,
    the Pollution
    Control Board
    (Board)
    set this cause for hearing.
    Since that
    time, Petitioner has filed motions seeking
    to
    dispose of its
    Petition
    for
    Variance without hearing and
    to limit the
    issues
    at hearing.
    In
    the Motion For Ruling On Motion To Modify Order, we
    hold that
    a hearing must be held.
    In our Interim Order of
    December 5, we construed the letters from Petitioner requesting
    “an extension of time for compliance
    as
    a Petition for
    Variance,
    A Motion To
    Modify
    is not the
    correct mechanism to
    grant a variance extension.
    Not only was the Motion filed
    long
    after the Board~sfinal Order of May 9,
    1974
    (see Environmental
    ProtectionA3encyv.E~ndDa~e1~omanPcB
    73-454,
    12
    PCB 237)
    ,
    but facts occurring since the May 9 decision are the
    bases for the needed extension.
    The need for a hearing rests
    on citizen objections filed October 5 and 11,
    1974.
    Section
    37
    of the Environmental Protection Act
    (Act) mandates a hearing if
    objections are filed “within 21 days”
    of
    the variance petition.
    To
    effectuate the purposes
    of
    the Act, we consider the objections
    to have been filed on October 18, the date of the filing of the
    Amended Petition,
    To rule otherwise would enable a Petitioner to
    avoid a hearing by initially filing an inadequate petition and
    amending it after all objections had been filed.
    We deny Petitioner~sMotion To Strike.
    Timely compliance
    with the terms
    of the Board~sMay 9,
    1974,
    Order may go to the
    issue
    of
    good faith, which can be a factor in determining arbitrary
    or
    unreasonable hardship.
    Motions
    to
    dispose of
    this
    case without hearing and to
    limit the
    issues
    at
    hearing are hereby denied.
    IT IS SO ORDERED.
    15
    87
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby cer~ifythat ~he above Opinion and Order was
    adopted on the~~ day of
    ~
    1974, by
    a vote of
    ~~to_2.
    Christan
    L.
    Mofrett
    15
    —
    88

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