ILLINOIS POLLUTION CONTROL BOARD
May
5,
1993
ATLANTA MEADOWS LTD.
AND
)
R.O.C. PROPERTIES INC.,
)
GENERAL
PARTNER,
)
Petitioner,
v.
)
PCB 93-72
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by
B.
Forcade):
On April
15,
1993, Atlanta Meadows Ltd. and R.O.C.
Properties,
Inc.
(Atlanta) filed a petition for variance for
Mobet Meadows Mobile Home Park in Rock Island County,
Illinois.
The petition requests “a variance from the Illinois Environmental
Protection Act,
the Illinois Pollution Control Board rules and
regulations, Title 35, Subtitle C, Water Pollution,
Chapter
1 and
the Clean Water Act for
a period of 2½ years.”
(Pet.
at 10.)
The Board finds the petition to be deficient.
Atlanta does
not specify any particular provisions of the Environmental
Protection Act, the Board’s regulations or the Clean Water Act
for which
it requests a variance.
The requirements of
a variance
petition are specified in 35 Iii. Adm. Code 104.121.
A petition
shall include a statement of the relief sought,
including
specific identification of the particular provisions of the
regulations from which the variance is sought.
(35 Ill.
Adm. Code
104.121(a).)
The Board will not grant a variance from all
applicable regulations as requested by Atlanta.
Unless an amended petition is filed within 45 days of the
date of this Order,
curing the above-noted defect, this matter
will be subject to dismissal.
The Board notes that for purposes
of calculation of the decision deadline pursuant to Section
38 of
the Act,
the filing of an amended petition will restart the
Board’s 120 day deadline.
The Board has not reviewed the petition for the other
requirements of a variance petition found in 35
Iii.
Adm. Code
104.121(b)
-
(1) but references petitioner to these provisions in
preparing any amended petition.
The Board instructs the Clerk to
forward a copy of the Board’s procedural rules containing the
requirements for a variance petition to the petitioner along with
this order.
IT IS SO ORDERED.
‘31
L42-OOL~9
2
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
/~~
day of
7~
,
1993, by
a vote of
01
L~.2-üQ5O
Ill
Control Board