ILLINOIS POLLUTION CONTROL BOARD

December 13, 1973

E. I. DUPONT DE NEMOURS & CO.

PETITIONER

v.

)

PCB 73—325

ENVIRONMENTAL PROTECTION AGENCY

RESPONDENT

)

MR.

JAMES

C. HILDREW, ATTORNEY, on behalf of PETITIONER

MR. JOHN E. SLATTERY, ASSISTANT ATTORNEY GENERAL, on behalf of

the ENVIRONMENTAL PROTECTION AGENCY

ORDER OF THE BOARD (by

Mr.

Marder)

Petitioner has filed on November 15, 1973, a motion in regard

to PCB 73—325. Said motion shall be handled in three separate

parts.

I. Motion to grant relief of performance bond:

Motion denied. It is the usual practice of the Board to

require performance bonds in an action such as this. Petitioner

has shown no extenuating circumstances to warrant such relief.

II. Motion to extend time for compliance:

Motion denied. Petitioner’s request for additional time

would require a variance in excess of the one year maximum allow-

able under Section 36 (B) of the Environmental Protection Act.

III. Motion to amend Order:

Motion granted. It is the Board’s opinion that orders 3

and 4 were based on erroneous information supplied by the Environ-

mental Protection Agency. In order to relieve Petitioner from any

hardship which is not necessitated by adverse environmental impact,

Order (3) shall read as follows:

3. Nitric acid plants #1 and #2 shall only be operated

when Nitric acid plant #3 cannot meet demands.

Order (4) of PCB 73-325 shall be stricken.

10

—

331

---

—2—

I~IS SO ORDERED.

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

Board, certify th t the above Order

was

adopted by the Board on the

I~f~t day of

,

1973, by a

QLc~/r~

vote of ~ to ~

10

—

332