ILLINOIS POLLUTION CONTROL BOARD

October 3, 1996

DEKALB SANITARY DISTRICT,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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PCB 97-21

(Variance - Water)

ORDER OF THE BOARD (by G.T. Girard):

On July 24, 1996, the DeKalb Sanitary District (District) filed a petition for variance

for its main wastewater treatment facility. On August 15, 1996 the Board found that the

District’s petition was deficient, as it failed to contain much of the information required by 35

Ill. Adm. Code 104.121. An amended petition was filed on September 9, 1996. The

amended petition did not cure the deficiencies in the original petition. The petition fails to

contain the information required by 35 Ill. Adm. Code 104.121 including a reference to the

regulations from which the variance is sought. The Board cannot make a determination on the

merits of a variance based on this petition. Therefore, the Board dismisses the petition for

variance. Petitioner is of course free to file a new petition for variance which satisfies the

requirements of 35 Ill. Adm. Code 104.121.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above order was adopted on the _____ day of ___________, 1996, by a vote of

______________.

___________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board