ILLINOIS POLLUTION CONTROL BOARD

October

10,

1985

CITY OF HERRIN,

Petitioner,

v.

PC~~5—L4~

LLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.D. Dumelle):

This matter

comes before

the Board upon an October

7,

1985,

petition for variance filed on behalf

of the City

of Hertin.

This petition

is deficient

in that it fails to clearly specify

the relief sought

in that the Board cannot determine with

certainty whether the variance request

is intended

to cover

all

98 houses

in Sunnyside 1st, 2nd,

3rd Additions or whether

only

the

83 which allegedly contain failing septic systems are

to be

included.

Presuming that all

98 are intended, the petition fails

to contain any statement of arbitrary or unreasonable hardship

regarding the

15 homes without failing systems.

Finally,

the

City purports

to waive hearing but fails to

include an affidavit

in

support of the material facts alleged

in the petition.

Unless the City files

an amended petition within

45

days

of

the date of

this

Order curing

the above—noted defects,

this

proceeding will

be subject to dismissal.

IT IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify

that the above Order was adopted

on

the

/~t~

day of

____________________,

1985 by a vote

of

—i--c

Illinois Pollution Control Board

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