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

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