ILLINOIS

 POLLUTION

CONTROL BOARD

May

29,

1984

AMEROCK CORPORATION,

Petitioner,

PCB 84—62

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF

 THE BOARD

 (by J.

 Anderson):

This

 variance petition,

 filed May 29,

 1984, does not strictly

comply with

the requirements of Section

104.124 of the Board’s

procedural

 rules,

 First, while the cover

 letter waives hearing,

it also “reserves

 the right

 to request a hearing at a later

date”.

 Section

 104.124 requires that a hearing

 waiver be uncondi-

tional.

 (However,

 giving an unconditional

 waiver at this time

does not waive

 petitioner~sright

 pursuant to Section 104.181 to

request a

hearing

within

 7 days after receipt

of the Agency

Recommendation.)

Second,

 while the cover letter

purports

to “attest to the

validity of

 the information presented”, this

 “attestation”

is

unacceptable as

 it is not in the form

of a notarized affidavit.

If an amended petition curing these

deficiencies

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 Board, hereby certify that the above

 Order was adopted on

theA~day ~

 1984 by a vote of~-ô

Christan L.

 Mof~J~,Clerk

Illinois

Pollution

Control Board

58~261