ILLINOIS POLLUTION CONTROL BOARD

August

1,

1985

PRAIRIEVIEW LUTHERAN HOME,

Petitioner,

v.

)

PCB 85-74

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

3.

Anderson):

This petition for variance was filed May 20, 1985.

In its

Order

of May 30, 1985,

the Board noted various deficiencies

in

the petition, and stated that

“If

an amended petition curing

these defects

is not filed within 45 days of the date of

this Order,

this petition will

be subject

to

dismissal.”

Prairieview has not filed an amended petition.

The Board

must take final action on this matter August 15,

1985 to prevent

issuance of a variance by operation of law;

i.e.,

the

Environmental Protection Act requires

the Board

to act on this

variance petition within

90 days of

its filing

or variance

is

deemed issued.

The petition is accordingly dismissed for

deficiency.

The Board notes that

this dismissal

in no way

precludes Prairieview from initiating a new variance proceeding

at such time as

it has prepared

a variance petition which

contains the information specified

in 35

Ill. Adm. Code 104.121

—

104.124

as well as the Board1s May 30,

1985 Order.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the /~‘ day of

C~—i.-

,

1985,

by a vote

of

7—0

.

~.

Dorothy

N.

nn, Clerk

Illinois Pollution Control Board

65-171