ILLINOIS POLLUTION CONTROL BOARD
    February
    6,
    1975
    CITY OF PLANO,
    Petitioner,
    vs.
    )
    PCB 75—14
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Henss):
    On January
    27, 1975 Respondent filed.a Motion to Dismiss
    the variance petition, and for grounds stated that Petitioner
    ha& not submitted a control program for achieving eventual
    compliance with the Open Burning Regulations.
    We
    believe that
    the Petitioner’s allegations are sufficient at this pleading
    stage of the proceeding, but this same issue may be raised
    again when the case is decided on the merits.
    The Motion to Dismiss is denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Co,ntrol
    Board, hereby certify the above Order was adopted this
    ~
    day of
    ________,
    1975 by a vote of
    1/
    to ~
    0L~o2j~
    15—403

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