ILLINOIS
    POLLUTION
    CONTROL BOARD
    August 8, 1974
    WEBER
    MARKING
    SYSTEMS,
    INC.,
    Petitioner,
    v.
    PCB 74—172
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Dr. Odell)
    On
    May
    7,
    1974,
    the Illinois Pollution Control Board
    (Board)
    received
    a Variance
    Petition
    from
    Petitioner
    asking
    for
    a variance
    from the
    Board Order
    in
    PCB
    73-485.
    Specifically,
    Petitioner
    requests
    a
    variance
    from
    Rule
    205(f)
    of
    Chapter
    2,
    Illinois
    Air
    Pollution
    Regulations
    (Chapter
    2)
    from
    June
    1,
    1974,
    until
    July 15, 1974, while installation of its solvent recovery
    system
    is
    completed.
    A
    letter
    of
    April
    29,
    1974,
    from
    the
    installation
    contractor,
    Hydronics
    Piping
    Corporation,
    indicates
    that
    the
    delay
    in
    completion
    date
    is
    caused
    by
    slow
    delivery
    of
    essential materials.
    On
    May
    9,
    1974,
    the
    Board
    directed the Petitioner
    to
    stipulate
    within
    35
    days
    that
    the
    record
    of
    the
    prior
    proceeding
    in
    PCB
    73-485
    be
    incorporated
    into
    this
    case.
    The
    Board
    received
    Petitioner’s
    Stipulation
    to
    this effect on
    May
    23,
    1974.
    The
    Environmental
    Protection
    Agency
    (Agency)
    filed
    on
    July
    25,
    1974,
    a
    Motion
    to
    Dismiss
    rather
    than
    a
    Recommendation.
    The
    Agency
    Motion
    to
    Dismiss
    was
    based
    on
    their
    belief, stated
    in
    item
    3,
    that
    “to
    date,
    no
    stipulation
    has
    been
    filed”
    by
    the
    Petitioner
    in
    response
    to
    the
    Board
    Order
    of
    May
    9,
    1974.
    The
    Agency
    did
    not
    become
    aware
    of
    Petitioner’s
    Stipulation
    of
    May
    9,
    1974,
    which
    stipulated
    “that
    the
    record
    of
    the
    prior
    proceedings
    contained
    in
    PCB
    73-485
    shall
    be
    incorporated
    in
    this
    case”,
    until
    August
    1,
    1974.
    On
    that
    date
    the
    Agency
    filed
    a
    motion
    to
    With-
    draw
    Motion
    to
    Dismiss.
    The
    Board
    granted
    this
    Motion
    at
    its
    August
    1 meeting.
    On
    August
    7
    the
    Agency
    filed
    a
    Motion
    to
    Dismiss,
    stating
    “Petitioner’s
    solvent
    recovery
    system
    was
    operating
    by
    July
    15,
    1974,
    and
    has
    brought
    Petitioner’s
    facility
    into
    com-
    pliance
    with
    Rule
    205 (f).
    .
    .
    .
    Therefore, there is no reason to
    grant
    a
    Variance
    because
    there
    is
    no
    violation
    of
    the
    Board’ s
    regulations.”
    The
    Petitioner
    now
    appears
    to
    be
    in
    compliance.
    The
    Board
    is
    convinced
    that
    the
    delay
    in
    completion
    of
    the
    solvent
    recovery
    system
    was
    beyond
    Petitioner’s
    control.
    A
    variance
    is
    granted
    13—311

    from Rule 205(f)
    of Chapter
    2
    from June
    1 to July 15,
    1974,
    to shield Petitioner
    from
    possible liability for that periods
    IT
    IS
    THE
    ORDER
    of
    the
    Illinois
    Pollution
    Control
    Board
    the
    Weber
    Marking
    Systems,
    Inca
    be
    granted
    a
    Variance
    from
    Rule
    205(f)
    of
    Chapter
    2
    for
    its
    Arlington
    Heights,
    Illinois
    manu~
    facturing
    facility
    from
    June
    1
    to
    July
    15,
    1974,
    I,
    Christan
    L,
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adppted
    on
    the
    ~
    day
    of
    ~
    1974,
    by
    a
    vote
    of
    ~
    to
    13—
    312

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