ILLINOIS POLLUTION CONTROL BOARD

August 18, 1983

AMERICAN LEGION POST NO,. 764

)

OF TOLEDO, ILLINOIS,

)

Petitioner,

V.

)

PCB 83—99

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

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

On July 26, 1983 the P~mericanLegion Post No. 764 (American

Legion) filed a petition for variance from an order of the Board

dated November 25, 1974, to allow the addition of sewer taps to

the sanitary sewer system of the Village of Toledo (Toledo).

That petition is deficient.

There is no Board Order of November 25, 1974 from which to

grant variance. The Board assumes that the date refers to the

date that restricted status was imposed by the Illinois Environ-

mental Protection Agency (Agency), and that variance is requested

from 35 Ill. Adm. Code 309.202(a), More information should be

presented to clarify the requested relief, including information

as to the nature of restricted status and the anticipated date of

termination of that status. Further, the American Legion should

explain why such relief is necessary given the single building

exemption of Section 309.202(b). Unless an amended petition is

filed within 45 days of the date of this Order curing the

above—noted defects, this petition will be subject to dismissal.

Finally, Toledo is a necessary party to this request. The

Board hereby orders that Toledo be made a party and directs the

Clerk of the Board to serve the necessary documents upon Toledo.

IT IS SO ORDERED.

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

Control ~

hereby ertify that the above Order was adopted

on the

4?~

day of

______________,

1983 by a vote of

~

C~ic~~m

Christan L. Moff/~4.~

a~Ui~

Clerk

Illinois Pollutiàn tontrol Board

53-249