ILLINOIS

POLLUTION CONTROL BOARD

January

19,

1989

UNITED CITY

OF THE

VILLAGE

OF YORKVILLE,

Petitioner,

v.

)

PCB 89—7

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

J.

Marlin):

On January

18,

1989,

the United City of the Village

of

Yorkville

(Yorkville)

filed

a Petition

for Extension of

Prior

Variance.

However,

Yorkville did not submit

the appropriate

filing

fee when

the petition was

filed.

Yorkville may have been

unaware of recent amendments to

the Environmental Protection Act

which prescribe filing

fees.

P.A.

85—1331

:effective January

1,

1989).

Pursuant

to Resolution 88—3

(a copy of which

is attached),

the Board

finds that the petition

is deficient

for

failure

to

submit

a filing

fee

of

75 dollars.

In addition,

the Board

finds

that the 120—day statutory decision period does not begin running

until

the appropriate filing

fee

is received by the Board.

Also,

the oetition

is deficient

in

that an affidavit

is not

filed with the petition, although the petition waives

a

right

to

a hearing.

An affidavit pursuant

to 35

Ill.

Adm.

Code

104.124

must

be

filed.

Finally,

the petition does not adequately present

a compliance plan

to the extent required by

35

Iii.

Adm.

Code

104.121(f).

In particular, the Board

is interested

in

the steps,

with estimated dates of completion,

that Yorkville proposes

to

take

to

achieve compliance.

Unless Yorkville files

a

filing fee within

21 days of

the

date of this Order

the petition will be subject

to dismissal.

Similarly,

the deficiencies concerning

the affidavit and

compliance plan must be corrected within 45 days of the date of

this Order

or

this matter

will

be dismissed.

The petitioner

should

be aware

that any amendment

to

its petition,

including

correcting

these deficiences, will re—start

the 120—day statutory

decision clock.

IT

IS SO ORDERED.

95—347

---

2

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

at the above Order was adopted on

the

~

day of

_________________,

1989,

by a vote

of

7~0

7

Dorothy

M.

~

Clerk

Illinois P~LlutionControl Board