ILLINOIS POLLUTION CONTROL BOARD

December 15,

1983

CITY OF MENDOTA,

Petitioner,

V.

)

PCB 83—152

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

0.

Dumelle)

On October

14,

1983 the City of Mendota filed a petition for

variance from 35

Ill. Mm,

Code 312,101, which prohibits

the

operation of the treatment works,

except under

the supervision

of a certified operator of the appropriate classification.

On

October 17,

1983 the Boa.rd entered

a more information order

indicating that the petition was insufficient in that although

hearing is waived,

there

is no affidavit as required by 35

Ill.

Mm.

Code 104.124.

Further, the Board requested more information

regarding

the dates

of the facts alleged

in paragraphs

3 and 4

as well as the costs of hiring a Class

I operator.

On December

1,

1983 the City filed

an amended petition which

included an affidavit, but that affidavit fails

to attest to the

truth of the material facts alleged as required by 35

Ill, Mm.

Code 104.124.

Further,

the amended petition fails

to allege the

costs of hiring a Class

I operator either full

c.ime or in an

advisory capacity.

Unless the City of Mendota

files an amended petition curing

the above-noted defects within 45 days of the date of this Order,

the petition will be

subject

to dismissal.

IT

IS SO ORDERED.

I, Christan L.

Moffett,

Clerk of the Illinois Pollution

Control B9ard, hereby certify that the above Order was adopted on

the

j~~day

of

4-~—~_____

,

1983 by a vote of

6

Illinois Pollution Control. Roard