ILLINOIS POLLUTION CONTROL BOARD
November 18, 1999
KRKH, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, STUDIO 21
LIMITED, JOE and THERESA SCLAFINI, and
MIDWEST BANK AND TRUST as trustee
U/T/# 74-11-1383,
Respondents.
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PCB 00-25
(Water Well Setback Exception)
ORDER OF THE BOARD (by R. C. Flemal):
On August 16, 1999, petitioner filed a petition for a water well setback exception relating to
replacement of underground storage tanks at a site located at 17 W. 532 Lake Street, Addison,
DuPage County, Illinois. On September 9, 1999, the Board deferred action on the petition to allow the
affected well owners the statutorily allotted time to waive or respond to petitioner’s request for the
water well setback exception, pursuant to Section 14.2(b) of the Environmental Protection Act (Act).
415 ILCS 5/14.2(b)(1998). The Board also ordered petitioners to file an amended petition naming the
affected well owners as party respondents. The time for the well owners to waive or respond to the
request elapsed on November 16, 1999. On November 17, 1999, petitioner filed an amended petition,
naming the affected well owners as party respondents. The caption in today’s order is amended to
reflect the proper parties. Any responses or replies to the amended petition shall be filed pursuant to
Section 106.603 of the Board’s procedural rules. 35 Ill. Adm. Code 106.603.
The Board directs that this matter proceed to hearing as expeditiously as practicable. The
assigned hearing officer must set the matter for hearing in accordance with the requirements of the Act
and the Board's procedural rules.
IT IS SO ORDERED.
Board Member N.J. Melas abstained.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
order was adopted on the 18th day of November 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board