ILLINOIS POLLUTION CONTROL BOARD
    October 22,
    1981
    VICKERY MANOR SERVICE CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 81—122
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On October
    8,
    1981 the Illinois Environmental Protection
    Agency (Agency)
    filed a timely objection and request for hearing
    in this variance case.
    On October 9, 1981 the Agency filed
    a motion to dismiss based upon alleged deficiencies in the
    variance petition.
    Vickery Manor Service Corporation filed
    a response to the motion to dismiss on October 21,
    1981.
    While the Board agrees that the petition is not in complete
    compliance with Procedural Rule 401,
    it is not so inadequate
    as to subject it to dismissal,
    and the motion to dismiss
    is
    hereby denied.
    Some of these alleged deficiencies are cured
    by the record in PCB 78—139 which has been incorporated by
    reference into this proceeding, and remaining defects may well
    be cured at hearing in any case.
    IT IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Boyd, hereby
    e tify that the above Order was adopted
    on the
    c~(V
    day of
    ___
    ,
    1981 by a vote of ~
    Christan L. Mof~
    ,
    Clerk
    Illinois Pollution
    ontrol Board
    43—569

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