ILLINOIS

POLLUTION

CONTROL

BOARD

September

6,

1972

HAWLEY

PRODUCTS

COMPANY

v.

)

PCB

72-356

ENVIRONMENTAL

PROTECTION

AGENCY

Preliminary

Opinion

and Order

of

the

Board

(by

Mr.

Dumelle)

On

August

28,

1972

we

received

a letter

from

Hawley

stating

that they

operate

a plant

in

St.

Charles,

Illinois.

They

are

in the process

of preparing

applications

for

Operating

Permits

and have found

that

they are

probably

not

in

compliance

with

certain

pollution

regulations.

Enclosed

with the

letter

are

flow

sheets,

process

descriptions,

estimated

figures

on

quantities

of raw

materials

processed,

estimates

on

quantities

of

contaminants

discharged,

a

description

of

existing

and proposed

control

equipment,

and

an estimated

time

schedule

for

compliance.

The

letter

concludes

with

a request

for more

time

for further

investigation

of

the

quantities

of

contaminants

released

and a

study

of the proper

control

equipment

to bring

their

sources

of

pollution

into

compliance.

Rule

401 of our

Procedural

Rules

provides

that

a variance

petition

shall

contain

the

following:

(1)

a concise

statement

of

the facts

upon which the

variance

is

requested,

including

a

description

of

the

business

or

activity

in

question;

the

quantity

and type

of

raw

materials

processed;

an estimate

of the

quantity

and type

of

contaminants

discharged;

a

description

of existing

and proposed

equipment

for

the

control

of

discharges;

and a time

schedule~for bringing

the

activity

into

compliance;

(2)

a

concise

statement

of

why the

petitioner

believes

that

compliance

with the

provision

from

which

variance

is

sought

would

impose

an arbitrary

or

unreasonable

hardship,

including

5

—

395

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-2-

a

description

of

the

costs

that

compliance

would impose

on

the 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

relief

sought.

We

find that

Hawley’s

petition

(letter)

fails

to

supply

that

information

re-

quired

under

Subsections

(2) and

(3)

of

Rule

401.

In

particular,

the

petition

must

cite

the

specific

sections

of

the

Regulations

from

which the variance

is

sought.

We

therefore

will

allow

Hawley to file

an

amended

petition

within

20

days

from

the

date

of this

order

so

as

to

include

all

information

required

by

the

Procedural

Rules.

II

an

amended

petition

is

not

filed

within

that time

the

case

will

be

dismissed.

The

90

days

within

which

the

Board

must

take

final

action

(Section

38

of

the

Environmental

Protection

Act)

will

begin to

run

upon

the

date the

amended

petition,

if any,

is

filed.

It is

so ordered.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

the

above

Preliminary

and Order

was

adopted

on the

j~

day

of September,

1972

by

a vote

of

~

C

Christan

L.

Moffett,’ /Clerk

Illinois

Pollution

Cor~tro1Board

5

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