ILI,1~1OtS POLLUTI(Th1 CONTROL BOARD
    May 29, 1980
    CITY OF MORRIS,
    Petitioner,
    v.
    )
    PCB 80-73
    ENTVI RONMflNTAf~ PR(~)TECTON A(~J~NCY
    ,
    )
    Respondent.
    ORDER
    OF THE BOARD (by J.
    Anderson):
    On May .15, 1980, the
    City
    of Morris filed an addition to
    amended petition for variance. The addition still fails to un-
    equivocally request or waive a hearing as required by Procedural
    Rule 401(h) and the Board’s Order of April 17, 1980. Such request
    or waiver must he made without conditions or qualifications.
    Waiver of hearing upon filing of the petition does not a) waive
    the right granted petitioner under Rule 407(c)3 to file an amended
    petition requesting a hearing within 7 days of receipt of an
    Environmental Protection Agency (EPA) recommendation; b) change
    the Board’s duty to authorize a hearing (even if waived by petitioner),
    if the Agency or any other person
    files an objection to
    a petition
    within 21. days of its filing
    under Rule
    407(c)(2),
    or c) prevent
    the floard
    from
    holdinq a hearing at its own
    d~ncreLion
    pursuant
    to Rule 407(b) (4).
    Failure to
    make
    an unequivocal request: For hearing
    or
    waiver
    of hearing within 45 days of
    the
    date of this order may result
    in
    a dismissal of this petition for inadequacy.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett,
    Clerk
    of the Illinois Pollution
    Control Board, hereby certify that the above Order as adopted on
    the ~ day of
    ,
    1980, by a vote of
    Illinois Pollution C ol Board

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