ILLINOIS

POLLUTION

CONTROL

BOARD

March

5,

1981

DUBUQUE PACKING COMPANY,

(Geneseo),

Petitioner,

V.

)

PCB 81—31

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by D. Satchell)

On February 27,

1981 Dubuque Packing Company filed a petition

for variance pertaining to wastewater lagoons at its beef slaught-

ering and processing facility at Geneseo.

On that same date

it

filed a petition for provisional variance pursuant to recent

amendments to Section

35(b)

of the Environmental Protection Act.

The Board will hold the latter pending receipt of an Agency

recommendation.

Since petitioner has waived

a hearing on the

regular variance petition, and since there

seems to be no undue

burden in having two pending petitions in this case, the Board will

not at this time dismiss the former petition.

The Board notes,

however,

that the petition fails to identify the Board regulations

from which a variance is sought

IProcedural Rule 401(a) (1).

In

addition, there is no affidavit or other proof of material allega-

tions pursuant to Procedural Rule 401(b).

The Board will dismiss

this matter unless

an amended petition addressing

the

noted de--

ficiencies

is filed within

forty--five days of the date of this

Order.

IT IS SO

ORDERED.

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

Control Bpa~d,hereby certify that the above Order was a~o~ted

on the

‘~

‘~

day of

_____________,

1981 by a vote of

‘~

Christan L. Mof

Clerk

Illinois Polluti n

ontrol Board

4 1—63