ILLINOIS POLLUTION CONTROL BOARD
October 4, 2001
VILLAGE OF ROUND LAKE PARK,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-40
(Variance – Water)
ORDER OF THE BOARD (by R.C. Flemal):
On September 20, 2001, petitioner filed a petition for variance (petition) and a motion for
leave to file an exhibit relevant to the variance at a later date (motion). On October 1, 2001, the
Illinois Environmental Protection Agency (Agency) filed a response to the motion. For the
reasons that follow, petitioner’s motion is granted.
Pursuant to 35 Ill. Adm. Code 101.302(h), all documents must be filed with a signed
original and nine duplicate copies. Additionally, for variance cases, petitioner must serve one
copy of the petition and all related documents on the Agency.
See
35 Ill. Adm. Code
104.202(c)(1). Petitioner requests permission to file one hard copy of the facility plan, Exhibit
A, with the Board, and file eight additional copies as well as the Agency copy, on CD-ROM
media in Acrobat Reader (PDF) format. Mot. at 2. Petitioner’s counsel sent the only copy of the
facility plan to a copying service for duplication. Mot. at 2. Petitioner states that making nine
hard copies would cost approximately $1000. Mot. at 2. Converting the hard copy to CD-ROM
would cost approximately $150. Mot. at 2.
The Agency does not object to the motion, if petitioner provides adequate image quality
control in the CD-ROM media. Resp. at 3.
The Board grants petitioner’s request to file the facility plan at a later date. However, the
Board instructs petitioner to file two hard copies with the Board, and the remaining eight copies
may be filed in CD-ROM media. The Board grants petitioner’s request to file a copy of the
facility plan in CD-ROM media with the Agency. Until the facility plan is filed with the Board,
the Board will not consider the variance properly filed for purposes of calculating the decision
deadline pursuant to 35 Ill. Adm. Code 104.232, and calculating the Agency recommendation
due date pursuant to 35 Ill. Adm. Code 104.216.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 4, 2001, by a vote of 7-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board