ILLINOIS POLLUTION CONTROL BOARD
    July 25,
    1991
    CITY OF KNOXVILLE,
    )
    Petitioner,
    PCB 91—126
    v.
    )
    (Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On July 23,
    1991 the City of Knoxville
    (Knoxville)
    filed a
    Petition
    for Variance from the standards
    for radium
    -
    226
    and
    radium
    -
    228
    and the
    gross
    alpha
    particle activity limitations
    which are set forth at 35 Ill. Adm. Code 604.301.
    The Board notes,
    initially,
    that it grants variances from restricted status under
    Sections 602.105 and 602.106 not from the standards for radium and
    gross alpha particle activity.
    In addition, the Board notes that
    the petition contains deficiencies in several areas
    and therefore
    does
    not
    meet
    the
    requirements
    of
    Part
    104
    of
    the
    Board’s
    procedural rules.
    Two examples of the deficiencies are that the
    petition does not set forth a compliance plan nor does the petition
    contain an assessment of the environmental impact of the proposed
    variance.
    Therefore,
    the Board
    directs
    Knoxville
    to
    file
    an
    amended petition which fully comports with the requirements of Part
    104.
    Knoxville
    might
    wish
    to
    consult
    with
    the
    Illinois
    Environmental Protection Agency on this petition.
    If an amended petition curing the deficiencies
    is not filed
    within
    45 days of the date of this Order,
    this petition will be
    subject to dismissal.
    The filing
    of
    an amended petition will
    restart
    the
    Board’s
    timeclock
    for
    purposes
    of
    its
    decision
    deadline.
    Knoxville also requests that the Board incorporate the records
    from four prior variance proceedings in this proceeding.
    The Board
    will
    incorporate
    the
    Opinions
    and
    Orders
    from
    those
    prior
    proceedings.
    However, Section 101.106 requires that “(t)he person
    seeking incorporation shall file with the Board four copies of the
    material
    to
    be
    incorporated.”
    Therefore,
    the
    Board
    directs
    Knoxville to file the appropriate number of copies of the materials
    from those prior records it wishes to incorporate by reference in
    this proceeding with the Board.
    IT IS SO ORDERED.
    124—231
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certi~’that the above Order was adopted on the
    ~
    day of
    ______________,
    1991,
    by a vote of
    _________
    ~.
    Control Board
    124—23~

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