ILLINOIS POLLUTION CONTROL BOARD
May
27,
1982
VILLAGE OF ALGONQUIN,
)
Petitioner,
)
v.
)
PCB
82—41
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
This amended petition filed Ma~27,
1982 contains an
unacceptable waiver of hearing; by its language,
the Village has
reserved the “right” to ask for a hearing only in the event the
Board denies its request for a variance.
Rule 401(b) of the
Board’s Procedural
Rules requires that a petitioner either
unconditionally waive or unconditionally request a hearing at
this stage in the proceeding.
Such a waiver at this time would
not impair the Village’s right as explicitly stated in Rule
406(b) to file an amended petition requesting hearing within
7
days of receipt of the Agency’s Recommendation.
If an amended petition which unconditionally waives or
requests hearin9 is not filed within 45 days of the date of this
Order, this petition will be subject to dismissal.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control ~
hereby certify that the above Order was adopted on
the
2
day of
~
,
1982 by
a vote of
~
~
~
~
Christan L. Moffett,
c~fl.f~rk
Illinois Pollution Cont~olBoard
47-167