ILLINOIS POLLUTION CONTROL BOARD

April 17, 1973

GRANITE CITY STEEL COMPANY

#73-26

V.

ENVIRONMENTAL PROTECTION AGENCY

ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):•

This proceeding seeks an extension of the one year variances

granted by the Board pursuant to Order entered in Granite City

Steel Company v. Environmental Protection Agency, #70-34 (April 25,

1972). We are in receipt of a conditional waiver filed by Granite

City Steel Company with respect to the 90-day period in which a

final Order must be rendered pursuant to Section 38 of the Environ-

mental Protection Act. The conditional waiver would extend such

period for the rendition of an order until May 25, 1973 upon condition

that the variances previously granted in case entitled Granite City

Steel Company v. Environmental Protection Agency, #70-34 (April 25,

1972) likewise be extended to and including May 25, 1973.

Hearing on the variance petition has been completed. The Board

is not presently in receipt of the transcripts and would be hard—

pressed to render its decision in the requisite 90-day period.

Accordingly, we extend the variances heretofore granted in Granite

City Steel Company

V.

Environmental Protection A~ency, #70-34 (April 25,

1972) to and including May 25, 1973, upon condition that Granite City

Steel Company has waived its right to a final order on said petition

for extension of variances until said date.

We have also received a motion of Granite City Steel Company to

strike portions of the recommendation filed by the Environmental Pro-

tection Agency. Since the hearing has been completed and since the

recommendation is only a pleading and not evidence, we will deny the

motion to strike the recommendation but will consider both the con-

tentions of the

Agency and the Company in this regard in the rendition

of our final order, to the extent appropriate.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the I T~dayof April,

1973, by a vote of

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