ILLINOIS POLLUTION CONTROL BOARD

June 30, 1983

CITY OF TUSCOLA,

)

Petitioner,

v.

)

PCB 83—77

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J.D, Dumelle):

This matter comes before the Board upon a June 21, 1983

petition for variance filed by the City of Tuscola. That petition

purports to waive hearing but fails to include an affidavit

attesting to the truth of the facts alleged as required by 35

Ill. Adm. Code 104.124. Further, additional facts regardtng the

adverse environmental impact and the hardship should be included

pursuant to 35 Ill. Adm. Code 104,121. Finally, the Board questions

the sufficiency of a compliance plan which is predicated entirely

upon the granting by the Board of site-specific relief. In such

a case compliance is contingent upon Board action which cannot be

foreseen at the time of the variance relief, such that denial of

site—specific regulatory relief would negate the compliance plan.

The City of Tuscola should address what steps toward compliance

would be taken upon the possible denial of such relief.

Unless the City of Tuscola files an amended petition within

45 days of the date of this Order, the petition will be subject

to dismissal.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the _______________day of ~

,

1983 by a

vote of

‘~/—~

Christan L. M~2~t)t,clerk

Illinois Pollution Control Board