ILLINOIS POLLUTION CONTROL

BOARD

December

5,

1972

ARMAK

COMPANY

#72—414

v.

)

#72—415

(Consolidated)

ENVIRONMENTAL PROTECTION AGENCY

ORDER OF THE BOARD

(BY SAMUEL

T.

LAWTON,

JR.):

Petitions were filed by Armak Company in the above proceedings,

consolidated, asking variances

from the provisions of Rule 103 of

the Rules and Regulations of the Pollution Control Board with respect

to the filing for and acquisition of operating permits pursuant to

time schedules as provided in said Rule.

The Agency has filed a

Motion to Dismiss on the ground that Rule 103(b) (2)B contains ad-

ministrative procedures that must be exhausted before a variance

from the Board

is sought.

Hearing has already been set on this consolidated matter

and we are not disposed to dismiss the petition at the present time

because of failure to exhaust administrative remedies.

However,

if

the Agency construes the petition as a request for such adminis-

trative relief on the Agency level and indicates what it would be

willing to do in this regard to the extent such relief

is

still

possible within the provisions of the Rule, we will be guided by

this submission as to

the

ultimate order entered in this proceeding.

The

Agency’s

motion

to

dismiss

is

denied.

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

certify that the above Order was entered on the 5th Day of December,

1972, by

a vote of

4

to

e~

rv~SL

6

—