ILLINOIS POLLUTION CONTROL BOARD
    January
    7, 1982
    WILLOWBROOI( MOTEL PARTNERSHIP,
    )
    Petitioner,
    )
    PCB 81—149
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    )
    AGENCY AND THE COUNTY OF
    DU PAGE,
    )
    Respondents.
    ORDER OF THE BOARD
    (by I,
    Goodman):
    On December 10, 1981 the Illinois Environmental Protection
    Agency (Agency) moved
    for reconsideration of the Board’s Order
    of November 19, 1981.
    The
    Board
    reaffirms that its authority
    to review this variance pursuant to Section 35 of the Act is
    nowhere limited by Judge Teschner’s order in ~~1e
    of the
    State of lUinois v. Count~yofDuPa~,80 MR 432, December
    8,
    1980, and adds that petitioner~sright to request a variance
    and receive board review of the same is nowhere limited by
    that order.
    Furthermore, the Board cannot arbitrarily dismiss
    this cause prior to such review.
    Dismissal would be proper
    if Petitioner’s need for a variance was non~~existent,as
    in
    SCA Services,
    Inc.
    v.
    Illinois
    Pollution
    Control Board,
    71
    Ill.
    App.3d
    715,
    389 N,E.2d
    953,
    78 PCB 276, wherein the Petitioner’s
    variance request was useless because the need to obtain relief
    from Board regulations was non—existent,
    its operations having
    been barred by a court order,
    This Petitioner needs relief from
    the rules on Restricted Status,
    as well as possibly the court order
    in ~
    v.
    ~
    yofDuPae,
    id.
    Respondent’s motion is hereby denied.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois
    Pollution
    Control ~oard, hereby certify that the above Order was adopted
    on the
    7
    day ~
    1982 by a vote of
    4’-O
    Illinois Pol
    Control Board
    45—55

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