ILLINOIS POLLUTION CONTROL BOARD

February 23, 1989

CITIZENS UTILITIES COMPANY

OF ILLINOIS,

Petitioner,

v.

)

PCB 88—151

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by R. C. Flemal):

On February 17, 1989 the Illinois Environmental Protection

Agency (“Agency”) filed a motion requesting that this matter be

dismissed. The Agency opines that Citizens Utilities Company of

Illinois (“Citizens”) may not be in violation in the regulations

from which it requests variance, and that therefore variance may

not be necessary. The Agency asks that the Board issue a

declaratory judgment to this effect, and thereafter dismiss this

proceeding.

Citizens filed a response on February 21, 1989, in which it

contends that variance is necessary and requests that the

Agency’s motion be denied.

The Agency’s motion is denied. There are obvious

disagreements between the parties regarding potentially

controlling facts in this matter. The Board believes these can

best be resolved by allowing this matter to proceed.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, here~,bycertify that~the above Order was adopted on

the ~

day of

__________________,

1989, by a vote

of~—~__.

~

Dorothy M./dunn, Clerk

Illinois P~1lution Control Board

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