ILLINOIS POLLUTION CONTROL
    BOARD
    May
    1, 1981
    VILLAGE OF ORLAND PARK,
    Petitioner,
    v.
    )
    PCB 81—35
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On April 29,
    1981,
    981 residents of the Village of Orland
    Park
    (Village) filed a petition requesting that a hearing be held
    concerning this petition for variance;
    85 additional signatures
    were filed on May
    1,
    1981.
    In addition, Mr. Wayne Mraz requested
    that the petition for variance be “withdrawn” because he alleges
    it does not represent official action by the Village Board.
    The Board will construe this petition as a motion for hearing
    or, alternatively,
    to dismiss.
    The time for filing
    an objection
    pursuant to Section 37 of the Environmental Protection Act
    (Act)
    has elapsed,
    and the Village has waived hearing.
    Although the
    Board may,
    in its discretion, order that hearing be held,
    the
    Board declines to do so in this case, because the 90 day decision
    period mandated by the Act will have elapsed before the Board
    can give required 21 day notice of hearing, hold the hearing,
    receive and review transcripts,
    and reach a final decision.
    Section 38 of the Act states that if the Board does not take
    final action on a variance petition within
    90 days
    of its filing,
    variance is automatically granted for a one year period.
    (The
    Board does not favor such automatic variances especially since
    they might not contain the conditions that the Board would consider
    necessary to minimize environmental or health impacts.)
    The Board
    must take final action on this matter no later than its May
    28,
    1981 regularly scheduled meeting.
    The 90—day time period cannot
    be extended by the Board,
    but may be extended by the petitioner
    in its discretion.
    The request to order
    a hearing is therefore denied.
    The
    request to “withdraw”
    the variance petition is also denied,
    as the
    petition was filed by
    a person with apparent authority to represent
    the Village in this matter.
    The Board, however,
    will consider this
    citizen’s petition as public comment concerning the petition for
    variance.
    IT IS SO ORDERED.
    I, Christan L Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    J~
    day of
    ______________,
    1981 by a vote of
    ~.
    I
    ~
    CE~ristanL. Moffett, Clerk
    41-345
    Illinois Pollution dontrol Board

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