ILLINOIS POLLUTION CONTROL BOARD
March
16, 1978
CITY OF
TROY,
Petitioner,
v.
)
PCB 76-~276
ENVIRONMENTAL PROTECTION
)
AGENCY,
RespondentS
ORDER OF THE BOARD,
(by Mr~ Dumelle):
On February 14,
1978 Petitioner filed an amendment to
its motion for modification of the Board’s Order dated
December
8,
1977.
The amended
motion for modification fails
to expand on Petitioner~sproblems
in obtaining
a bond which
were stated in its letter dated January 18,
1978.
In its
response to Petitioner~samended motion, the Agency suggests
that the bonding requirement of condition
2
in the Board’s
prior
Order be waived and a Performance Bond to be obtained
by Petitioner~s
General
Contractor
be
substituted.
The Board’s
Order
dated December
8, 1977
is hereby modified and no bond
shall be required.
The additional requests for relief
in Petitioner’s amended
motion for modification can
only
be considered
as
a Petition
for a
Variance from the Board~sprior Order.
Since these
additional requests fail to meet the requirements of Procedural
Rule 401 the Petition is hereby dismissed without prejudice.
IT IS SO ORDERED.
I, Christan
L.
Moffett, Clerk of the Illinois
Pollution
Control
Board, hereby cert~fythe
above Order was adopte
on the
J~~~day of
~
l9~~by
a
vote of
Q
Christan
L. Moffe1ip’~y~1erk
Illinois Pollution~~ntrolBoard
29
—
350