ILLINOIS POLLUTION CONTROL BOARD
    November
    19, 1981
    WILLOWBROOK MOTEL PARTNERSHIP,
    )
    )
    Petitioner,
    v.
    )
    PCB 81—149
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY AND THE COUNTY OF DU PAGE,
    )
    Respondents.
    ORDER OF THE BOARD (by I, Goodman):
    Petitioner’s .~mended Petition, submitted pursuant to the
    Board’s Order of October 8, 1981, is accepted, Respondents’
    Motion to Dismiss, filed November 17, 1981,
    is denied. The
    relief requested by Petitioner, a variance from Chapter 3
    Rule 604, is not beyond the authority of the Board, as argued
    by Respondents’ motion. It is the Agency which by Judge
    Teschner’s order in People of the State of Illinois v.
    County of Du ~ge, 80 MR 432, December 8, 1980, is limited to
    issuing operating permits only “to those who have previously
    been issued and presentjy hold valid construction only permits”
    until the Marionbrook trea~mentfacilities are upgraded It
    is the County of Du Page, a párty in that proceeding, which is
    limited to issuing “those permits which shall not cause the
    additional loading to~exceedthe monthly allocation and total
    loading as set forth” in that opinion.
    The
    Board’s authority
    under Section 35 of the Act is no where limited by Judge
    Teschner’s order. Furthermore, contrary to Respondents’
    arguments, from the facts now before it, the Board cannot
    presuppose that a variance from restricted status is useless
    to this Petitioner due to the holding in
    SCA
    Services, Inc. v.
    Illinois Pollution Control Board, 71 Ill.App.3d 715, 389 N.E.
    2d 953, which affirmed the Board’s decision to dismiss a permit
    denial appeal because the Petitioner in that instance was barred
    from operating by a court order.
    This matter is to be set for hearing.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was a~opted
    on the
    Jj_~
    day of ~
    1981 by a vote of
    ~cS~O
    Christan L. Mof
    ,
    Clerk
    Illinois Polluti
    Control Board
    44— 107

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