ILLINOIS POLLUTION CONTROL BOARD

February

6,

1975

KOPPERS COMPANY,

INC.

Petitioner,

vs.

)

PCB 74—325

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Henss):

On November 15, 1974 Petitioner filed

“Motion for Leave

to File Instanter Amendment to Petition for Variance”.

The

Amendment to Petition for Variance was submitted on that

same date.

It

is Ordered that the Motion be allowed and the

Amendment to Petition for Variance be deemed filed as of

November 15,

1974.

On February

5,

1975 Respondent filed aMotion

to Dismiss,

alleging that the Amendment to the Variance Petition had never

been filed with the Agency.

Petitioner, on the other hand,

contends that the Amendment was in fact served on the Agency

in November 1974.

Representatives of the EPA now state that

they will have sufficient time for the filing of Recommendation

herein if Petitioner waives its right to a decision on the

variance proceeding

to and including February 27,

1975.

Upon

Petitioner’s representation that it makes such waiver the

Agency’s Motion to Dismiss

is hereby denied.

IT IS SO ORDERED.

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

Board,

ereby certify the above Order w~sadopted this

~

day of

___________,

1975 by a vote of

4

to

0

15