ILLINOIS POLLUTION CONTROL BOARD

July 11,

1986

IN THE MATTER OF:

)

)

PETITION FOR SITE—SPECIFIC

)

R 86—25

RULE CHANGE FOR THE VILLAGE

)

OF TILTON

ORDER OF THE BOARD

(by J. Marlin):

By Order of June 20,

1986,

the Board found that the

Village’s June 11,

1986 petition failed

to meet the information

requirements of

35 Ill.

Adni. Code 102.120,

and directed that an

amended petition be filed.

The Village’s attention was also

drawn to the Board’s revised procedural rules proposed,

but not

yet adopted,

in R82—27,

36 and R83—37.

On June 23, 1986,

the Agency moved

for dismissal of the

petition for deficiency,

to which the Village filed

a response on

June

30.

As the Board had addressed the Agency’s concerns prior

to its receipt

of the Agency’s motion,

the motion

is denied as

moot.

The Board,

however, continues to require the filing of

an

adequate amended petition prior

to scheduling any hearings in

this matter.

This

is procedurally preferable to the alternative

suggested by the Village, that additional information “can be

obtained by the Agency through the pre—hearing conference

or

through the

Board’s)

discovery procedures”;

to require adherence

to the formal,

contested case discovery procedures

in

a

rulemaking would be

to generate needless paperwork for all

concerned.

IT

IS SO ORDERED.

I, Dorothy ~

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify th~ the above Order was adopted on

the

~//~

day of

__________________,

1986 by

a vote of

_____

Dorothy M.

G~inn,Cler’I(

Illinois Pollution Control Board

71-377