ILLINOIS POLLUTION CONTROL BOARD

October

3,

1972

ENVIRONMENTAL PROTECTION AGENCY,

PCB71—386

Complainant,

v.

)

PCB 72—386

MONARCH FOUNDRY COMPANY,

Respondent.

PRELIMINARY ORDER

(by Mr. Parker):

Monarch Foundry Company,

the Respondent

in this pending

enforcement proceeding,

filed

an Answer and Petition

for Variance

with the Board on September

27,

1972.

Upon examining

the

Petition

for Variance,

we find that

it is

incomplete

in that

it

does not specify

the rule

or regulation from which

the variance

is sought,

and does not otherwise provide the detailed informa-

tion required by our Procedural

Rule

401.

Rather than dismiss

the Petition for Variance, however, we deem it more expeditious

to,

by this Order, advise Petitioner of this defect and grant

leave to Petitioner

to file an amended petition containing the

additional information called for by our Board Rule

401.

Petitioner is hereby ordered to file an amended petition

with the Board on or before October 31,

1972,

the amended petition

to include additional

information consistent with the reguire—

ments of Board Procedural Rule

401 and also to include a state-

ment by Petitioner that the 90 day period provided for in

Title

9,

Section

38 of the Environmental Protection Act shall commence as

of the date of filing of the amended petition.

In

the absence of

the filing of

an

amended petition on

or

before October

31,

1972,

the original petition shall be subject

to dismissal.

I,

Christan

L,

Mof±6tt,

Clerk of the Pollution Control Baord,

certify that the Board adopted the above Preliminary Order on

this

day of

_________________,

1972,

by

a vote of

_____

to