ILLINOIS POLLUTION CONTROL BOARD

May 12,

1977

COUNTRY AIRE MOBILE HOME PARK,

Petitioner,

v.

)

PCB 77—126

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Young)

The Petition filed on May

9,

1977

is inadequate

in that

it

fails to comply with the requirements of Rule 401(b)

which

requires in part that the petition shall contain a

request for

a hearing on the petition

if desired by petitioner,

or a state—

ment waiving a hearing.

In the event that petitioner

waives a

hearing

at this time, petitioner may withdraw that

waiver

at

a

later time

in accordance with Rule 406(b) by filing

an amended

petition requesting a hearing.

The Board shall

render a final

decision

within

90 days after the filing of that

amended pet!-

tion.

In addition,

the Board notes that the Petition

contains a

request for a

permanent variance

(Par.

7(e)),

Petitioner may

wish

to amend

this

prayer for

relief as

the Board

has held that

it does not have

the

statutory

authority to provide

such relief.

It is

the Order of the Board that Petitioner

shall amend

the petition

within 45 days of the date of this Order,

Failure

to timely file

an amended petition shall

cause the petition to

be denied without

nrejudice for inadequacy.

The

90 day decision

period set by

statute shall run from

the date

of the

filing of

the amended

petition.

IT

IS SO

ORDERED,

I,

Christan

L.

Moffett, Clerk of the Illinois

Pollution

Control Board,

hereby certify the

above

Opinion and

Order wer

adopted on

the 4~~day of

,

1977 by

a vote of

Illinois Pollution

25

-~

511