ILLINOIS POLLUTION CONTROL BOARD
    May 17, 1972
    F,D. DECKER d/b/a
    DECKER SAWMILL
    v.
    )
    PCB 72-75
    ENVIRONMENTAL PROTECTION AGENCY
    Douglas Marti, Attorney for Decker Sawmill
    William J. Scott, Illinois Attorney Geheral, by Thomas J. Immel,
    Assistant Attorney General, Attorney for the Environmental Protection
    Agency
    OPINION OF THE BOARD (by Mr. Dumelle)
    This case is before us on a Supplemental Petition for Variance,
    filed March 1, 1972. The original Petition for Variance, filed April 12,
    1971, requested that Decker Sawmill be allowed to open-burn wood
    slabs until March 1, 1972. On July 8, 1971, we entered an order
    granting the variance. One condition of that order was that Decker was
    thereafter to file with the Board and Agency an exact timetable for
    the moving of its premises and for the purchase and installation of its
    new chipper and debarker or of whatever other means it~intendedto
    achieve compliance with the Act and
    Regulations.
    Pursuant thereto, on October 15, 1971, the Agency received
    Decker~swritten statement of intention that it would move its opera-
    tions during February, 1972, and that if not completely moved by
    March 1, 1972, it would have enough of the operation moved by then so
    that it would “not be necessary to burn waste at the old site after
    March 1, l972.~’
    The instant Supplemental Petition for Variance, filed March 1,
    1972, alleges that Decker has purchased another sawmill at the new loca-
    tion which has a chipper and debarker necessary to bring it into
    compliance with the law, It further alleges that Decker has stopped
    purchasing logs at the old location but still has a three to four
    month supply of logs on hand yet to be processed. Decker is requesting
    a supplemental variance to July 1, 1972, to allow it to process and open-~
    burn that supply of logs at the old location.
    4
    —
    529
    If Decker knew as early as October 15, 1971, when
    it
    submitted its
    intention to the Agency, that it would have no need to open-burn any
    wood slabs after March 1, 1972, then it should have gauged its in-
    coming supply of logs accordingly. The only apparent reason why Decker
    has an excess supply of logs presently on hand is because Decker
    itself made an erroneous decision as to its own purchase of inventory.
    Any hardship imposed upon Decker at this point would therefore be
    caused solely by its own error in judgment.
    The Board cannot grant a supplemental variance under these
    circumstances.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    It is hereby ordered that the Supplemental Petition for Variance
    be and hereby is DENIED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted on the
    j~day of May, 1972 by a vote of
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