ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1996
    W.R. MEADOWS, INC.,
    )
    )
    Petitioner,
    )
    )
    PCB 97-58
    v.
    )
    (Variance - Air)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. McFawn):
    On September 25, 1996, W.R. Meadows, Inc., (Meadows) filed an appeal from
    the denial of a provisional variance by the Illinois Environmental Protection Agency
    (Agency) or, in the alternative, Meadows asked that the filing be considered as a
    petition for variance. Additionally, the Agency filed a motion to dismiss Count I of the
    petition concerning the appeal of the denial of the provision variance on October 15,
    1996. That motion is moot based upon this order.
    First, the Board cannot accept Meadows’ filing as an appeal from the Agency’s
    denial of provisional variance because an appeal of the same provisional variance denial
    has been filed with the appellate court. (W.R. Meadows, Inc. v. The Illinois
    Environmental Protection Agency, Joseph Svoboda, and The Illinois Pollution Control
    Board, Docket No.4-96-0736, (Fourth District, September 18, 1996).) Therefore, the
    Board does not have jurisdiction in this matter and does not accept Meadows’ appeal of
    the provisional variance denial.
    Second, as a petition for variance, the filing is deficient. Pursuant to the
    Board’s procedural rule at 35 Ill. Adm. Code 104.121, a variance petition must contain
    at a minimum certain information. These requirements are not satisfied in the instant
    petition.
    If an amended petition satisfying the information requirements contained in
    Section 104.121 is not filed within the next 30 days, this petition will be subject to
    dismissal. The filing of an amended petition will restart the Board’s decision
    timeclock.
    Finally, Meadows also filed a motion to be allowed to use 25% post-consumer
    material recycled paper. Should Meadows choose to file an amended petition, that
    motion is granted.
    2
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above opinion and order was adopted on the _________ day of
    ___________, 1996, by a vote of __________________.
    __________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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