ILLINOIS POLLUTION CONTROL BOARD
October 30,
1980
CATERPILLAR TRACTOR CO.,
Petitioner,
v.
)
PCB 80—193
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by D. Satchel?):
On October
17, 1980 Caterpillar Tractor Co.
filed a variance
petition.
Procedural Rule 401(h)
requires that the petition “con-
tain a request for a hearing
.
.
.
;
or,
in the alternative,
a
statement waiving a hearing.~’ Petitioner’s conditional
waiver is
neither of these alternatives.
In the event a hearing is waived,
Petitioner may subsequently request a hearing pursuant to Procedural
Rule 406.
The petition will be subject to dismissal unless an
amended petition addressing the noted
deficiencies
is filed within
forty-five days of the date of this Order.
The decision period will
commence with the filing of an amended petition.
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certi y that the above Order was adopted
on the
3o~-
day of
_____________,
1980 by a vote of
______
‘p
~
Christan
L. Mo t~), Clerk
Illinois Pollution Control Board