ILLINOIS POLLUTION CONTROL BOARD

August 5, 1993

CITY OF SPRINGFIELD,

)

a municipal corporation,

)

Petitioner,

)

V.

)

PCB 93—135

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by M. Nardulli):

This matter comes before the Board on a petition for a

variance filed on July 22, 1993. on the same day, petitioner

filed a motion requesting leave to incorporate materials from the

record of PCB 88-113, a previous Board docket and for a waiver of

the requirement to file four copies of the incorporated record

with Board. In support of its motion, City of Springfield states

that the record from PCB 88-113 is “substantial and

...

would

require significant effort on the part of petitioner to compile,

reproduce, and deliver to the Board the record.”

It appears from City of Springfield’s assertions that the

record from PCB 88-113 may have a bearing on this matter.

However, the record from PCB 88—113 exists only on microfiche.

The Board will riot waive the filing requirement of four copies.

Therefore, the Board grants petitioner’s motion to incorporate

the materials contingent upon Springfield filing four copies of

the materials with the Board. The Board directs City of

Springfield to file four copies of the incorporated materials

pursuant to 35 Ill. Adm. Code 101.106. The Board wishes to

emphasize, however, that it is not inferring that it has hereby

determined that the information contained in the incorporated

materials is relevant to this matter.

The Board’s decision time clock will restart upon the filing

of these materials. The Board notes that petitioner has waived

hearing. This matter will accordingly be held for the Agency’s

recommendation.

IT IS SO ORDERED.

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

B

hereby certLt~-v~that the above order was adopted o~

tl)e

day of

1993, by a vot~/~f~