ILLINOIS POLLUTION CONTROL BOARD

November 21,

1991

LAND

AND

LAKES CO.,

)

(#0987120004)

)

Petitioner,

v.

)

PCB 91—217

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION 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 on Milwaukee Avenue 1/2

mile north of Deerfield Road Wheeling, 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.

Adm.

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 certify that the above Order was adopted on the

•~-~day of

__________________,

1991,

by a vote of.

~

/7

/7

/~~7~/

~Dorothy M. G~Xnn, Clerk

Illinois Po~1utionControl Board

127—233