ILLINOIS

POLLUTION

CONTROL

BOARD

September 27, 1974

AMERICAN CYANAMID COMPANY,

Petitioner,

)

vs.

)

P~B

74—227

)

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF

THE BOARD

(by Mr

•

Henss):

On

September 12, 1974 this Board denied Petitioner’s

request for variance from Rule 204ff)

(2)

of

the

Air

Pollution

Control Regulations.

On September 18, 1974 Petitioner requested

that we reconsider our Order denying the variance.

The Motion

for Reconsideration was timely filed.

The

Board

finds

that

the

Motion

for

Reconsideration

con-

stitutes

a

waiver

of

the

statutory

requirement

that

the

Board

act

upon

the

original

petition

within

90

days.

Therefore,

there

is now no impediment to a consolidation of the variance case,

PCB 74-227, with an enforcement action which had previously been

filed, PCB 74—209.

The Board further finds that the parties have

now reached

an agreed settlement which will be sufficient for the disposition

of these

two

cases and that the record originally submitted to the

Board in PCB 74-227 is supplemented and improved through a

consideration of material included in the record of the enforcement

action and a consideration of additional information included in

the Stipulation for Settlement.

Therefore, we find that justice

will be best served by a reconsideration of

our

September 12, 1914

Opinion and Order.

It is Ordered that the Motion for Reconsideration of Order

Denying Variance be granted.

A written opinion of final disposition

of the consolidated cases will be prepared.

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

Board, hereby certify the above Order was adopted this

A2f2_

day of

u5.at...LM..e

1974 by a vote of

$

to

p

‘J~k~s4’rj~

13— 691