ILLINOIS POLLUTION CONTROL BOARD
January 11,
1995
SILVER GLEN ESTATES,
Petitioner,
v.
)
PCB 95—6
)
(Variance)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by C.
A. Manning):
On January
9,
1995 Silver Glen
Estates
filed a petition for
variance from the radium—226 and radium—228 standards contained
in 35 Ill.
Adin. Code 611.330.
Silver Glen seeks variance to
allow, over a three year period, connection of 153 new lots to
its water supply, which is on restricted status.
Silver Glen
states that its request is “not a formal document”, but that it
intends to provide any “appropriate documentation”.
This petition is insufficient, as it fails to supply most of
the information by 35 Ill. Adm. Code 104.121.
Additionally,
rather than requesting relief from 35 Ill. Adm. Code 611.330,
which may be inconsistent with federal law
(see Section 104.122),
Silver Glen may instead wish to seek relief from 35 Ill. Adm.
Code 602.105 “Standards for Issuance” and 602.106 “Restricted
Status” as they relate to radium 226 and 228.’
If an amended
petition curing these deficiencies is not filed within 45 days of
the date of this order, this petition may be subject to
dismissal.
IT IS SO ORDERED.
1
Silver Glen may wish to contact the Illinois
Environmental Protection Agency’s Division of Legal Counsel for
the public water supply division to obtain a copy of the form
petition for variance which the division has developed for such
requests.
2
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Boa~,hereby certi
that the above order was adopted on the
/~~-?~-
day of _______________________,
1995, by a vote of
~
6’
Control Board