ILLINOIS POLLUTION CONTROL BOARD

November 21,

1991

LAND AND LAKES CO.,

)

(#0310690003)

)

)

Petitioner,

v.

)

PCB 91—218

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTIbN AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On November 7,

1991,

Land and Lakes Co.,

filed a petition

for variance for its facility located south of 138th Street and

east of Cottage Grove Avenue in Dolton,

Illinois.

That petition

is deficient in that it fails to provide:

1.

A request for hearing on the petition

if desired by

petitioner,

or,

in the alternative, a statement waiving

a hearing accompanied by such affidavits or other proof

in support of the material facts alleged in the

petition as the petitioner may submit, sufficient to

enable the Board,

if

it so decides,

to rule upon the

petition without hearing, as required by

35 Ill.

Adin.

Code 104.124.

Unless an amended petition is filed within 45 days of the

date of this Order, curing the above-noted defect(s), this matter

will be subject to dismissal.

The Board notes that for purposes

of calculation of the decision deadline pursuant to Section 38 of

the Act, the filing of an amended petition

will restart the

Board’s 120 day deadline.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certi

that the above Order was adopted on the

a-’-

day of

_________________,

1991, by a vote

of-

c~

0

77

/_

~

/‘

/k~~/~

~

/

Thorothy N. G)~nn, Clerk

Illinois P~lutionControl Board

127—235