ILLINOIS POLLUTION CONTROL BOARD
January
16
,
1973
LAWRENCE WEINSTEIN,
et
al
#72—366
V.
ENVIRONMENTAL
PROTECTION
AGENCY
COMMONWEALTH
EDISON
COMPANY
(WILL
COUNTY
AND
POWERTON
STATIONS)
)
#72—295
V.
ENVIRONMENTAL PROTECTION AGENCY
)
OLIN CORPORATION
#72-299
v.
ENVIRONMENTAL PROTECTION AGENCY
LAKE
FOREST
SAVINGS
&
LOAN
ASSOCIATION
#72—402
V.
ENVIRONMENTAL PROTECTION AGENCY
OPINION AND ORDER OF THE BOARD
(BY SAMUEL
T.
LZ~WTON, JR.):
Petitions
for variance were filed by the above-captioned petition-
ers,
as
follows:
1.
Lawrence Weinstein,
et al; date filed: September 1,
1972;
waiver of decision to December 19, 1972 was filed;
2.
Commonwealth
Edison Company; date filed:
July 14,
1972;
waiver of decision
was filed successively
to December 11,
1972, December 15, 1972 and December 31,
1972;
3.
Olin Corporation;
date filed:
July 19, 1972; waiver of
decision was filed successively
to December 16, 1972 and
January
9,
1973;
4.
Lake Forest Savings
& Loan Association;
date filed:
October 11,
1972; 90-day period in which decision must be
rendered ended January
9,
1973.
6
—
529
On
December
1,
1972,
David
P.
Currie,
Chairman
of
the
Pollu-
tion
Control
Board,
resigned
as
a
member
and
Chairman of
the
Board.
On
December
17,
1972,
the
Illinois
Senate
declined
to confirm the
appointments
of
Board
members,
John
L.
Parker
and
Donald
A.
Eenss,
resulting in an absence of a Board
quorum
until
January 11, 1973
when Donald A. Henss was appointed to the Board by Governor Walker.
On December 17, 1972, none of the foregoing variance petitions
had been decided by the Board
and
the absence of a quorum precluded
the entry of any orders with
respect
thereto
until
this
date,
being
the first Board meeting
subsequent
to the
new
appointment of
Donald
A.
Henss.
Section 38 of the Environmental Protection
Act
provides as
follows:
“If the Board fails to take final action upon a variance
request
within
90
days
after
the
filing
of
the
petition,
the
petitioner
may
deem
the
request
granted
under
this
Act..
.
In
all
of
the
above-captioned
cases,
the
90-day
period
or
the
extended
period
granted
by
waiver
in
which
a
decision
must
be
rendered
had
expired
prior
to
today’s
meeting.
Accordingly,
by
virtue
of
the
provisions of Section 38 of the Environmental Protection Act, we
must conclude
that
variance in each case, respectively, has been
granted by operation of law.
IT IS SO ORDERED.
I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
certify that the above Opinion and Order was entered on the 16th
day of January,
1973, by a vote of
3
to
0
~4.i~4r’1
r~—~
—2—
6— 630