ILLINOIS

POLLUTION CONTROL

BOARD

September 4,

1980

TAZEWELL COUNTY HEALTH DEPARTMENT,

Petitioner,

v.

)

PCB 80—157

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by J. Anderson):

On August 25,

1980,

Petitioner requested variance from Rule

604B

(sic)

of Chapter

3:

Water Pollution to allow connection of

9 lots to the Highview Hills Sewage Treatment Plant, currently on

restricted status.

This petition fails to provide most of the information

required by the Board

in Procedural Rule 401 “Requirements for

Petition for Variance.”

Petitioner should closely follow this

Rule’s checklist in drafting an amended petition.

The Board

notes in particular the following deficiencies:

Rule 401(b) requires that a sworn affidavit verifying the

truth of the facts alleged in the petition must be filed by

petitioners if the hearing is waived.

This petition fails to list several necessary parties as

petitioner.

Each of the

9

lot owners should be included as

petitioners by name, and the governmental

entity which operates

the Highview Hills plant must also be made a petitioner.

The

petition should request a variance from Rule 962 of

Chapter 3:

Water Pollution,

and not Rule 6048 (sic).

If, within 45 days of the date of this Order,

Petitioner

does not file an amended petition containing the information as

required in Procedural Rule 401,

this petition may be subject to

dismissal.

IT IS SO ORDERED.

I, Christan L, Moffett, Clerk of the Illinois Pollution

Control Board,

he eby certify that the above

Interim

Order was

a~ptedon the

_____

day ~

1980 by a vote of

6

Christan L. Moff~s~Clerk

Illinois Pollution Control Board