ILLINOIS POLLUTION CONTROL BOARD
    July 24,
    1980
    ALLIS-CHALMERS,
    Petitioner,
    v.
    )
    PCB 80—85
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE
    BOARD
    (by
    I.
    Goodman):
    On May
    1,
    1980 the Board ordered Petitioner to amend its
    petition for variance pursuant to Rule 401 of the Board’s
    Procedural Rules.
    On June
    2,
    1980 the Board received a waiver of hearing.
    Under Procedural Rule 401(b),
    waivers of hearing must be
    accompanied by “such affidavits or other proof
    in support of the
    material facts alleged in the petition
    ...
    sufficient to enable
    the Board
    ...
    to rule upon the petition without
    a hearing.”
    The
    petition contains no affidavit.
    It also contains no proof
    supporting any of the facts alleged which would be sufficient to
    enable the Board to rule on the petition without a hearing.
    Without determining whether ordering a hearing in this
    matter would rectify this inadequacy of pleading, the Board will
    accept the Agency Recommendation filed in
    this matter, and will
    proceed with decision on the petition as it now stands,
    if and
    only if Petitioner files an affidavit with the Board within 21 days
    of the date of this Order averring that
    all the facts
    set forth in
    its petition dated April
    16,
    1980 and received by the Board on
    April 21,
    1980 are true.
    Failure to submit such affidavit will
    subject the petition to dismissal, without prejudice, pursuant to
    Procedural Rules 407(b) (1) and 407(f).
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control B9ard,
    hereby cer ify that the above Order was ~dopted
    on the
    ~
    day of
    ____________,
    1980 by
    a vote of,~O
    C ~L’d~k
    ~
    Illinois Pollutio’rf”Control Board

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