ILLINOIS POLLUTION CONTROL
    BOARD
    January 26,
    1984
    CITY OF
    MONMOUTH,
    a municipal
    )
    corporation,
    )
    Petitioner,
    )
    )
    v.
    )
    PQ
    84—6
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF
    THE
    BOARD
    (by
    7.
    D. Dumelle):
    This matter comes before the Board upon a January 18,
    1984
    petition for modification of the Board’s January 21, 1982 Order
    in PCB 79-249 filed on behalf of the City of Monmouth
    (City).
    While it purports to be a joint motion, the Board notes that it was
    not signed by the Illinois Environmental Protection Agency (Agency).
    Also, given the overall tenor of the ‘Petition”
    and
    the fact that
    it was encaptioned PCB 79-249, it appears that the City intended
    the filing to be treated as a motion for modification.
    However,
    35
    Ill.
    Adm. Code 103.241 limits the filing of such motions to one
    year
    subsequent
    to
    the
    entry
    of
    the
    Order.
    Therefore,
    the
    Board
    construes
    the
    petition
    as
    a
    new
    petition
    for
    variance
    and
    has
    docketed
    it
    as
    such.
    The petition is,
    not surprisingly, deficient as a petition
    for variance pursuant to Part 104 of the Board’s procedural rules.
    Hearing is neither waived nor requested.
    There is no analysis of
    environmental impact, present discharge levels have not been in-
    cluded,
    and
    there is not adequate factual support for a conclusion
    that compliance would cause an arbitrary or unreasonable hardship.
    Unless an amended petition is filed within
    45
    days of the date
    of
    this
    Order
    which
    cures
    the
    above-noted
    defects,
    the
    petition
    will
    be
    subject
    to
    dismissal.
    IT
    IS
    SO
    ORDERED.
    Board
    Member
    J.
    Anderson
    dissented.
    56-113
    —2--
    I,
    Christan L~r4offett,
    Clerk
    of the Illinois Pollution
    Control Board hereby certify that the above Order was adopted on
    the
    ____—
    2. ~ ~
    day of _______________________, 1984 by a
    vote of
    (,~—
    j
    ChristanL.
    Moffett, Clerk
    Illinois Pollution Control Board
    56-114

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