ILLINOIS POLLUTION CONTROL BOARD

March 28, 1974

A. 0. SMITH CORPORATION

PETITIONER

v.

)

PCB 74—70

ENVIRONMENTAL PROTECTION AGENCY

RESPONDENT

ORDER OF THE BOARD (by Mr. Harder)

The Petition for variance

in this matter generated a motion

to

dismiss,

filed by the Agency on March 11, 1974. This motion

raised a question as to whether a variance is in fact proper at

this time.

Rule 401 (a) (v) of the Board’s Procedural Rules requires

that a petition for variance contain data showing the nature and

extent of the present failure to meet the particular provisions

from which the variance is sought.

Petitioner shall file within 15 days of the entry of this

Order information as to whether Petitioner qualifies for a var-

iance, taking Rule 401 (a) (v) of the Board’s Procedural Rules in-

to consideration.

IT

IS SO ORDERED.

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

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

28th day of March, 1974, by a vote of 5 to 0.

G~L~