ILLINOIS POLLUTION CONTROL BOARD
    August 20, 1981
    CITY OF ST. CHARLES,
    )
    Petitioner,
    V.
    )
    PCB
    81—131
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On August 19, 1981 the City of St. Charles filed a petition
    for variance from Rules 602(h) and 602(d) (1) of Chapter
    3:
    Water Pollution.
    In that petition hearing was waived “provided
    a favorable recommendation acceptable to Petitioner is forth-
    coming from the Illinois Environmental Protection Agency.”
    The Board does not,
    in general, accept conditional waivers.
    In this case,
    the Board construes the waiver as unconditional,
    accepts it as
    such,
    and notes that the City can request a
    hearing within seven days after receipt of the Agency recommen-
    dation
    (See Procedural Rule 406(b)).
    When hearing
    is waived, the petition must be accompanied
    by an affidavit in support of the material facts alleged
    in
    the petition (See Procedural Rule 401(b)).
    That has not
    been done.
    The Board hereby orders that the City file an
    amended petition within 45 days of the date of this Order
    curing that defect.
    Furthermore, any available data on the amount and composition
    of the discharges
    for which variance is requested should be
    included in the amended petition.
    IT IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Bo~d,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    c&D
    day
    of
    _____________,
    1981
    by
    a
    vote
    of
    _____
    Christan L. Mof e~4J Clerk
    Illinois Pollutidi~j~ontrolBoard
    43—217

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