ILLINOIS POLLUTION CONTROL BOARD

January 11, 1990

ILLINOIS POWER COMPANY

(Clinton Power Station),

Petitioner,

v.

)

PCB 89—213

(Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On December 21, 1989, Illinois Power Company, Clinton Power

Station (“IPC”), filed a petition for extension of variance for

its discharges to Clinton Lake at IPC’s Clinton Power Station.

That petition is deficient in that it fails to provide:

a statement on whether or not a hearing on the

petition is desired by petitioner, or, in the

alternative, a statement waiving a hearing

accompanied by such affidavits or other proof

in support

of.

the material facts alleged in

the petition as the petitioner may submit,

sufficient to enable the Board, if it so

decides, to rule upon the petition without a

hearing, as required by 35 Ill. Adm. Code

104.124.

In addition, IPC seeks to incorporate by reference the

“record, opinion and orders’ of PCB 88—97. The Board will

incorporate the Opinion and Order of the Board in PCB 88—97;

however, any part of the record which IPC wants included must be

reproduced and filed in this case by IPC, pursuant to 35 Ill.

Adm. Code 101.106, “Incorporation of Prior Proceedings.”

Unless an amended petition is filed within 45 days of the

date of this Order, curing the above—noted defects, this matter

will be subject to dismissal.

IT IS SO ORDERED.

107—105

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—2—

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

Board, hereby certif

the

____

//~Zday of

____________________

~~~~above

Order1990, wasby adopteda

vote

on

of

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Do r

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Illinois Po~ution Control Board

107— 106