ILL
I
NOT S
POLLUTION
CONTROL
BOARD
May
29,
.1980
V~OO~)
JAM
CO
I?
P()R
1\T.ION,
Petitioner,
POD
80—108
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER
OF
THE
BOARD
(By
J.
Anderson):
On May
19,
1980,
Petitioner filed a variance petition.
The
Board deems the petition to
he deficient
in two respects:
1.
The petition involves compliance plans which may affect
the operations of or may
require action by units of
local govern—
ment
involv~d
with
water pollution control.
The Board orders
that
the
appropr.late
local
authorities
he made parties to the
peti
Lion
Failure to amend this petition by joining these authorities
as parties or failure
to provide service pursuant to the Board1s
Procedural
Rule
305 within 45 days
of the date of
this order may
result
in a dismissal
of this petition for inadequacy.
2.
Procedural Rule 401(b)
requires that
the
petition un-
equivocally request
a hearing or waive
it.
Such
request or
waiver must be made without conditions or qualifications.
Waiver
of hearing upon filing of the petition does not
a) waive the
right granted petitioner under
Rule 407(c)3 to file
an amended
petition requesting
a hearing within
7 days of receipt
of an
Environmental Protection Agency recommendation;
h)
change
the
Roard~sduty to authorize
a hearing
(even if waived by petitioner)
if the Agency or any other
person
files
an objection to
a petition
w.ithin 21 days of its filing under Rule 407(c)(2);
and
c) prevent
the Board
from
holding
a
hearing
at
its
own
discretion
pursuant
to Rule 407(b) (4).
Failure
to make an unequivocal request
for hearing or waiver
of hearing within 45 days of the date of this order may result in
a dismissal
of this petition for inadequacy.
IT
IS SO ORDERED.
I,
Christan
L.
rioffett,
Clerk of the Illinois Pollution
Control
Board, here~ycertify that the above Order was adopted on
the
~c11’~
day of
,
1980,
by a vote of
~
~anL,~eterk~
Illinois Pollution
rol Board
