ILLINOIS POLLUTION CONTROL BOARD
November
6,
1975
CITY OF GALENA,
)
Petitioner,
v.
)
PCB 75—138
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Dumelle):
On June 26,
1975 the Petition for Variance was dismissed
without prejudice.
We agreed on August 14,
1975 to reconsider
the dismissal and allow Petitioner and/or Respondent to file
a plan
to dispose of the dead elm trees which are the subject of
this Petition.
Petitioner filed a letter on October 17,
1975
which states that Petitioner will develop a detailed plan
next
Spring.
We find that Petitioner should refile a new Petition
when
a plan has been developed.
We therefore will dismiss with-
out prejudice the present request.
ORDER
It is the Order of the Board that the Petition for Variance
be dismissed without prejudice.
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board,
hereby certify the above Opinion and Order were adop ed on
the
(j4~’
day of
~,,
1975 by a vote of
—.~
~
Illinois Pollution
rol Board
19—
226