CENTURY

21 AG REALTORS AND

ST. CLAIR TOWNSHIP,

Petitioners,

)

v.

)

PC~3 81—8

tLi~IMOtSENVIRONMENTAL PROTECTION

)

AGENC

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

On January

23,

1981, Thouvenot—Wade and Moercheri,

Inc.,

filed a Variance Petition requesting relief which would allow

the construction of a sewer system tributary

to the

St.

Clair

Township Lincolnshire Treatment Facility.

The petition was

apparently filed on behalf of Century 21 AG Realtors

(Century

21), although that

is not clear from the petition.

The petition is deficient in several respects.

First,

bnth Century

21 and St. Clair Township must he parties

in this

action.

If either or both are not yet parties,

they must

b-~joined pursuant

to Procedural Rules

309 and 303(c).

Second,

sevurd

requirements

of

Procedural Rule 401(a) are lacking;

i:h’~re

is

no

specific

Lientification of the particular rule

f~mwhich variance

is sought

(401(a)(i)); there

is no assessment:

of the environmental impact

(401(a)(7); and there is no stateiien~

of measures

to be undertaken

to minimize any adverse impact

(401(a)(1O)).

Third, while

the petition purports

to waive

ha.iriri~j, that waiver

is not accompanied by an affidavit

st~ieari-tq

to the

truth, of the facts alleged

in the petition

(401(b)).

Finally,

there

is an inadequate statement of hardship (401(c)).

Unless these defects are cured within 45 days

of

the

r~ate

of this Or.ier by

the filing

off an amended petition ~nd

the joining

of

necessary parties,

this petition will

be ~

tc)

.1’Lsmissal.

IT

tS

~O

ORDERED.

40—44

1

---

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby certify that the above Order ~~asadopted

on the

day of

______________,

1981

by

a vote

off

Christan L.

Moffett, Clerk

Illinois Pollution Control

Bo~rd

40—442