ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    WHITE COUNTY BOARD,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—119
    (Variance)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on the White County Board’s
    July 11, 1991 petition for extension of the variance granted in PCB
    85-174 for a one year period beginning March 27,
    1991, the date of
    expiration of the prior variance.
    White County also requested that
    “all prior reports, pleadings, recommendations, opinions and orders
    of the prior proceeding” be incorporated in the petition.
    The Board will incorporate by reference into this proceeding
    the
    Board’s
    Opinion
    and
    Order
    of
    March
    27,
    1986
    and
    the
    Supplemental Opinion and Order of June
    5,
    1986.
    As evidenced in
    those Opinions, White County was granted a five year variance from
    35
    Ill. Adm. Code 406.106 and 406.108 to allow use of mine refuse
    as
    core material for the construction of
    a
    roadway
    embarkment.
    This project was anticipated to take
    6 months at some point during
    the
    five
    year
    period.
    The
    variance
    required
    submission
    of
    quarterly project reports to the Agency.
    The petition for variance extension is deficient in a number
    of respects:
    1.
    The Board cannot
    incorporate into this record project
    reports
    which
    have
    never
    been
    submitted
    to
    it.
    Additionally, procedures for incorporation of materials
    from prior proceedings, other than the Board’s Opinions
    and Orders,
    require submission of copies to the Board.
    See 35 Ill.
    Adin. Code 101.106.
    2.
    The petition as filed fails to inform the Board as to
    what,
    if
    any,
    circumstances
    have
    changed
    since
    the
    granting of the prior variance, why the contemplated
    6
    month project was not completed during the past 5 years,
    and why petitioner
    is only now seeking extension of
    a
    variance which expired in March.
    Also see 35 Iii.
    Adin.
    Code 104.121
    and 104.122
    for
    a
    listing of the type of
    information generally relevant to the Board.
    124—111
    2
    3.
    The petition
    fails
    to specifically
    either
    1)
    request
    hearing
    or
    2)
    waive
    hearing
    and
    contain
    supporting
    affidavits.
    See 35 Ill. Adm. Code 104.124.
    If an amended petition curing these deficiencies is not filed
    within 45 days of the date of this Order,
    this petition will be
    subject to dismissal.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    do hereby c,~tifythat the above Order was adopted on the
    day of
    ____________________,
    1991, by a vote of
    7~.
    0
    ~
    ~
    Dorothy N.
    Glp7h, Clerk
    Illinois Po~1/itionControl Board
    124—112

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