ILLINOIS POLLUTION CONTROL BOARD

August

1,

1974

ROUND

LAKE

SANITARY

DISTRICT

PETITIONER

v.

)

PCB

74—273

ENVIRONMENTAL

PROTECTION

AGENCY

)

RESPONDENT

ORDER OF THE

BOARD

(by

Mr.

Marder)

Petitioner filed on July

18,

1974, a document with the Board

which was interpreted as

a variance petition.

Upon further study

of said document, the Board cannot ascertain whether said document

is;

A) A variance request

B)

A

permit

appeal

C)

Simply an appeal for reconsideration of

a

permit denial which should properly be filed

with the Agency.

The Board notes that Paragraph 2 of the document in question

states that,

“On April

8,

1974,

the Illinois Pollution Control

Board entered an Order entitled:

‘Sewage Treatment

Works

-

OP Denial

(B) Log 513-74’ denying an operation-

al permit...”

Such a permit denial would have been issued by the Environmental

Protection Agency, not the Board.

The rest of said document further

confuses the issue.

Petitioner is directed to this Board Procedural Rule 401 to as-

certain

what

is

required

for

proper

filing

of

a

variance,

and

this

Board~s

Procedural

Rule

502

to

ascertain

what

is

required for proper

fi1i~rig

of

a

permit

denial

(both

actions

before

the

Board).

Because of the inconsistencies in the above document,

it will be

dismissed without prejudice.

ORDER

IT IS THE ORDER of the Pollution Control Board that the matter en-

titled PCB 74-273 be dismissed without prejudice.

13

—

285

---

I,

Christan L~Moffett~Clerk

of

the Illinois Pollution Control

Board, certify that the a~boveOrder was adopted by the Board on

the 1st day of August,

1974,

by a vote of

5

to

0~

13

-~

286