ILLINOIS POLLUTION CONTROL
    BOARD
    November 15, 1989
    CITY OF BATAVIA,
    Petitioner,
    )
    v.
    )
    PCB 89—183
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Marlin):
    This matter is before the Board on a November 9, 1989 filing
    by the City of Batavia (Batavia). This filing, entitled
    “Petition for Motion for Modification of Prior Variance seeks a
    three year extension of the variance granted August 20, 1987 in
    PCB 86—36 from 35 Ill. Adm. Code 602.105(a), 602.106(b), and
    604.301(a) as those provisions relate to radium.
    The Board construes this petition as a new petition for a
    variance. This petition is deficient in that it fails to
    expressly request or waive a public hearing. Unless an amended
    petition curing these deficiencies is filed within 45 days of the
    date of this Order, this petition will be subject to dismissal.
    The date of filing for the purposes of Section 38(a) of the
    Environmental Protection Act, Ill. Rev. Stat. ch. iliL par.
    1038(a), as it relates to the time for Board action, shall be ~he
    date on which Batavia files its amendment.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify ~hat the above Order was adopted on
    the
    ,/j-c1
    day of _________________________________, 1989, by a
    vote of
    __________
    .
    /L~
    ~
    ~
    Dorothy M.
    Gurin, Clerk
    Illinois Po~llution Control Board

    Back to top