ILLINOIS POLLUTION CONTROL BOARD

October

5,

1982

DOWNERS GROVE NATIONAL BANK

as Trustee Under Trust

#78-185,

Petitioner,

V.

)

PCB 82—116

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board upon a September 16,

1982

filing on behalf of the Downers Grove National Bank as Trustee

under Trust #78—185

(Bank)

of a petition for variance from

Sections 12 and 39 of the Illinois Envirnomental Protection Act

and Rule 962 of Chapter

3:

Water Pollution

(codified as Section

309.241).

That petition is deficient under Procedural Rule 401(b)

(codified as Section 104.124) in that hearing

is neithe:r expressly

waived nor requested, though a conditional

(and,

therefore, improper)

waiver

is included without the necessary affidavit attesting to the

truth of the facts alleged.

Further, the Board orders that the County of DuPage and the

Village of Woodridge be made parties to this action and

that: service

upon them be completed by the Bank pursuant to Procedural Rule

305

(codified as 103.123).

Finally, the petition fails to indicate the

ultimate discharge point of its sewage as required by Procedural

Rule 401(a)

(codified as 104.121).

Unless the Bank files an amended petition with the Board within

45 days of the date of this Order,

this petition will be subject to

dismissal

*

IT IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hei~eb~

certify that the above Order was adopted

Oli

the

~

~day

of

~2L&O~

‘.

~

,

1982 by a vote of

&~

Christan L. Moffet~,/9~erk

Illinois Pollution ~q’n~rolBoard

49-57