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

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