ILLINOIS POLLUTION CONTROL BOARD

August

21, 1980

DIAMOND DEVELOPMENT

CO.,,

)

Petitioner,

v.

)

PCB 80—154

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF

THE

BOARD

(by

I.

Goodman):

The variance petition filed August

20, 1980

is deficient under

Part IV of the

Board’s

Procedural Rules

for the following reasons:

1.

Neither is hearing requested nor is an affidavit regarding

the facts alleged in the petition included;

2.

The statement of hardship does not specify the arbitrari-

ness or unreasonableness of requiring Diamond

Lo comply with Rule

962 of Chapter

3; and

3.

The Board cannot provide

full relief without the City of

Fairfield being made a party petitioner hereto by Diamond.

If Petitioner does not file a more specific statement of hard—

ship,

a waiver

(plus affidavit)

or request for hearing,

and proof

of service of process upon the City joining it hereto, all within

15 days of the date of this Order, the petition is

subject to dis-

missal.

IT IS SO ORDERED.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Bo,~rd,hereby certi y that the above Order was

dopted

on the

~

‘

day of

______________,

1980 by a vote of

..~

Illinois Pollution

Board