ILLINOIS POLLUTION CONTROL BOARD
    March 22, 1973
    )
    INCINERATOR,
    INCORPORATED
    )
    )
    )
    PCB 73-23
    v.
    )
    formerly 71-324 ~
    )
    72-416
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle)
    This~
    is
    a petition for an extension of a prior variance.
    Petitioner
    was previously granted
    a variance by
    the Board in Noveiaber,
    1971.
    In November,
    1972
    the Board extended that variance until January
    31,
    1973 on the following conditions:
    A.
    All applicable conditions of the prior order
    shall be met;
    B.
    A detailed progress report specifying every opera-
    tion which has not been completed and the estimated
    time of completion for each operation shall be
    submitted to the Agency by December 14,
    1972;
    C.
    A stack test shall be performed on or about
    December 15,
    1972,
    or
    as soon thereafter as
    weather conditions permit.
    The Agency shall be
    notified five days
    in advance of the scheduled
    date of the stack test so that Agency personnel
    may,
    if desired, monitor the testing procedures.
    Stack test results shall be submitted to the
    Agency by January 31,
    1973;
    D.
    Petitioner shall, within five days
    after receipt
    of this Order,
    inspect the mesh screen and,
    if
    necessary,
    replace it immediately.
    This current petition for extension was filed on January
    23,
    1973,
    We
    did not order
    a hearing.
    The petitioner claims
    to have complied
    with the provisions
    and conditions
    of the November,
    1972 extension
    in all respects except that the unit was not ready for testing
    by January
    31,
    1973.
    As
    of December 15,
    1972,
    the high energy
    Venturi scrubber unit was completely assembled and on the job but
    because of a Commonwealth Edison delay the wiring on that unit was
    7
    —
    391
    -2-
    not completed until January
    12,
    1973.
    The new unit was expected to be
    operational by January
    31, 1973
    at which time the old unit would
    be shut down.
    Due to weather conditions,
    the stack testing will not be
    able to be
    performed until April.
    Therefore petitioner is requesting an ex-
    tension of the variance until April
    30,
    1973.
    The Agency recommends
    that the extension be granted subject to
    certain conditions
    to which we generally agree.
    One significant
    point raised by the Agency
    is that
    a $300,000 bond was required
    as
    a condition to the original variance
    (71-324).
    According
    to
    the Agency
    that bond has never been posted.
    We wonder why the
    Agency has
    taken eighteen months
    to realize that the bond was never
    filed as
    ordered.
    We are also quite critical of the petitioner
    for never posting the bond in the first place.
    We will reluctantly
    grant the extension until April
    30,
    1973 but, only on the strict
    condition that the petitioner now post two bonds
    --
    one bond will
    be
    in the amount of $50,000 to guarantee performance of the stack
    testing and any other work that has
    to be performed,
    and the other
    bond will be for $10,000
    to guarantee compliance with the Act and
    Regulations
    as
    a result of
    the new installation.
    This
    opinion
    constitutes
    the
    Board’s
    findings
    of
    fact
    and
    conclusions
    of
    law.
    ORDER
    The
    Petition
    for
    Variance
    is
    granted
    until
    April
    30,
    1973
    or
    until
    a
    stack
    test
    is
    performed,
    whichever
    is
    sooner, subject
    to the
    following
    conditions:
    a)
    That.
    all
    applicable
    conditions
    of
    the
    Board’s
    order
    in
    PCB 71-324 and PCB 72-416 be continued in full
    force
    and
    effect.
    b)
    That
    a stack test shall be performed as soon as practicable.
    The
    Agency Surveillance
    Section, Naval Armory, East Randolph at the
    Lake,
    Chicago,
    Illinois shall be notified five days
    in advance
    of the scheduled date
    of the stack test so that Agency personnel
    may,
    if desired, monitor the testing procedures.
    Stack test
    results shall be submitted to
    the Agency within
    30 days from
    the date of testing.
    c)
    That the two bonds mentioned above
    in
    a form acceptable
    to the
    Agency shall be posted with the Agency within
    10 days
    of the
    Board order.
    The Bond shall be sent
    to:
    Environmental Protection Agency
    Fiscal Services Section
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    7
    —
    392
    -3-
    I, Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution Control
    Board,
    h~reby
    certify
    the
    above
    Opinion
    and
    Order
    were
    adopted
    on
    the
    ~~day
    of
    March,
    1973
    by
    a
    vote
    of
    1—0
    ____
    Christan L. Moff~tt~.•lerk
    Illinois
    Pollution ‘cdntrol Board
    7—393

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