ILLINOIS POLLUTION CONTROL BOARD

October

14, 1976

JACK THOMPSON,

Petitioner,

v.

)

PCB 76—249

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Duinelle):

Petition f~rVariance filed October

4,

1976

is inadequate in

that the Rule or Rules from which variance

is desired is not given.

The Petition shall be amended within

30 days from the date of this

Order to provide the required information.

The Petitioner shall also file a waiver of the 90—day decision

period so that the period shall run from the date of filing the

Z~mendedPetition.

Service of the required materials shall be made

upon both the Board and the Illinois Envi:

~aental

Protection Agency.

Failure to timely file the items requested shall make the

Petition liable to dismissal

for inadequacy.

TT

TS SO

ORDERE!).

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution Control

Board, her b

certify the above Order was ado~tedon the___________

day of

,

1976 by a vote of

5.~

Christan L. MoffettV1~rk

Illinois Pollution ~~rol

Board

24

lOi

---

This is not to say that such Regulatory consideration of the

propriety of a single site for sanitary landfill use under the

Regulatory mechanism is improper.

Under the proper circumstances,

such a proceeding could be reinstituted.

In the absence of a

general Regulatory framework within which the Agency

is to make

decisions of this type,

we feel that the adjudicative forum is

presently best suited for situations where the Agency has already

made its determination.

ORDER

IT

IS

THE ORDER OF THE POLLUTION CONTROL BOARD that the instant

Regulatory proceeding, R76-2, be dismissed.

Mr. James Young abstained.

I, Christan L. Moffett,

Clerk of the

iHnojs

Pollution

Control ~oard,

hereby c rtify the above

Order

was adopted on

the

j4~

day

of

,

1976,

by a

vote

of

4—O

Christan L~Moffett, Clerk

Illinois

Pollution

Control Board

24

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102