ILLINOIS POLLUTION CONTROL BOARD

August

21,

1980

VILLAGE

OF ASHTON,

Petitioner,

)

v.

)

PCB 80—135

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE

BOARD

(by

I. Goodman):

The document filed on August

8,

1980 by the Village President

is not the affidavit ordered by the Board on July

24,

1980,

but

merely a waiver of hearing.

Procedural Rule 401(b)

states that when Petitioner waives

hearing,

it must submit an affidavit averring that the facts stated

in its petition are true.

This affidavit enables the Board to

decide the petition without a public hearing.

Petitioner may use the following format:

AFFIDAVIT OF

(Name and Title)

I,

(Name and Title)

,

hereby swear that the facts stated in

the Village of Ashton’s petition for variance docketed PCB 80—135

with the Board are true to the best of my information and belief.

(Notary Public Seal)

________________________________

Signed

The Board will not dismiss this petition if

such affidavit is

filed with the Board on or before September

2,

1980.

IT

IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Bo rd, hereby certify that the above Order was adopted

on the

~P

~day

of

_______________,

1980 by a vote of ~

~stanL.Mofcl~E~~

Illinois Pollution Control Board