ILLINOIS

POLLUT

ION

CONTROL

BOARD

June 28,

1973

CITY OF CARLYLE,

)

Petitioner,

vs.

)

PCB 73—264

ENVIRONNENTAL PROTECTION AGENCY,

Respondent.

ORDER

(by Mr. Henss)

This proceeding commenced with what appears to be

a

letter addressed to the Permit Section, Division of Air

Pollution Control, Illinois Environmental Protection Agency.

The lcttcr

refers

to

prior correspondence

and

a hearinq held

before

the

Federal

Power

Commission.

At

one

point,

the

letter

requests

a

variance

and

at

another

requests

that

the

letter

he

considered

a

ne~zemelication

for

operating

permit.

Because

ot

its

reference

tc

a

varience

the

EPA

has

forwardea

the

document.

to

us

for

ciockch.tnq.

As

a

variance

pet

1i3

on

the

document

is

inadecruate

and

it

is

therefore

dismissed

ci th

lc~~into

amend.

The

amended

variance

~otition

shell

contain

a

nLetemcnt

indicating

that

our

90

clay

period

for

acti.nT

on

the

poti

don

commences

with

the

filing

of

the

amended

v~ns.~ncci~etition.

It

shall

also,

in

compliance

uith

Section

401

of

cur

Procedural

Rules,

contain:

1.

A

conc.i

so

statement

of

the

facts

upon which

the

variance

is

recmesteci

including

a

description

of the business or act:ivit~in

ciuestion;

the

quantity

and

typo

cf

raw

materials

proceesed;

an

estimatO

of

the

quantity

and

type

of contaminant

discharged;

a description of existing

and

proposed

equipment

for

the

control

of

discharges;

and

a

time

schedu1~

for

bringing

the

activity

into

compliance.

8—431

---

—2—

2.

A concise statement

of

why

the

Petitioner

believes that com~liancewith the provision

from

which

variance

is

sought

would

impose

an

arbitrary

or

unreasonable

hardship,

in-

cluding

a

description

of

the

costs

that

compliance

would

i~npose on

Petitioner

and

others

and

of

the

injury

that

the

grant

of

the

variance

would

impose

on

the

public;

and

3.

A

clear

statement

of

the

precise.

extent

of

the

release

soi.ight

(including

the

specific

identify

of

laws

or

regulations

from

which

a

variance

is

sought).

Failure

to

file

an

amended

variance

paition

nithin

30

days

will

result

in

having

the

cause

stricken

from

the

docko~

It

is

so ordered.

I,

Christan

L.

Noffett,

Cle:ek

o:c

the

liii:

‘is

Polj

e

~s

Cent c’:i.

Board

,

hereby

certify

the

above

U:dcr

seas

he

ted

it

I

20th

d~

of

June,

1973

by

a

vote

of

___

he.

8