ILLINOIS POLLUTION CONTROL BOARD

July 25, 1974

PUREX CORPORATION

)

PETITIONER

)

v.

)

PCB 74—166

ENVIRONMENTAL PROTECTION AGENCY

)

RESPONDENT

ORDER OF THE BOARD (by Mr. Marder)

This case comes to the Board on Petition of Purex Corporation

for variance from Rule 205 of Chapter 2 of our Rules and Regulations

for a concrete sealer design ated as Quikote Concrete Seal and Frank-

lin Concrete Seal. The Petition was filed April 29, 1974.

On May 6 the Environmental Protection Agency filed its Motion to

Dismiss. The Motion alleged a failure of Petitioner to file a pet-

ition that met the requirements of Rule 401 of our Procedural Rules

in that it did not provide adequate information as to the type of

relief requested. The Agency~s Motion requested dismissal, or in

the alternative an order requiring Petitioner to file an amended

Petition conforming to Rule 401,

On May 16, 1974, the Board, by a 5-0 decision, granted the Agen~y~s

Motion in the alternative, ordering Eetitioner to file more informa-

tion relating to what specific rule or regulation relief was requested

from, and information as to what hardship would be incurred if the

variance was not granted, within 45 days of entry of the order or suf-

fer a dismissal. Such information was due before July 1, 1974.

As no additional information has been filed to date, this Petition

will be dismissed.

ORDER

IT IS THE ORDER of the Pollution Control Board that Petition for

variance from Rule 205 filed by Purex Corporation April 29, 1974, is

dismissed without prejudice for failure to respond to the Board Order

requiring more information.

I, Christan L. Moffett, Clerk of the

Illinois

Pollution Control

Board, certify that the above Order was adopted by the Board on

the 25th day of July, 1974, by a vote of 5 to 0.

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