ILLINOIS POLLUTION CONTROL BOARD

May

26,

1971

Tekton Corp.

and

Gallagher

& Henry

v.

)

PCB 70-56

Environmental Protection Agency

Opinion of the Board

(by Mr.

Kissel):

On Decemter

31,

1970,

the Tekton Corporation and Gallagher

&

Henry petitioned the Pollution Control Board for

a variance until

May

1,

1972, with respect

to water quality standards applicable

to

the Marion Brook Sewage Treatment Plant so

as to permit construction

of certain subdivision development sanitary sewer facilities and attach-

ments of

new residential units prior

to completion of expansion of the

sewage treatment plant.

The Board authorized

a hearing

to be held on

the variance petition.

Prior to the scheduled date of the hearing,

the petitioners sought

and were granted

a general

continuance in order to allow

the submission

of engineering drawings

to the Environmental Protection Agency.

In

the interim,

no additional sewage has been added to the Marion Brook

plant.

Further, petitioners

more properly employed the permit procedures

of the Environmental Protection Act,

rather than the variance sections.

On May

14,

1971,

the Board received

a letter from the attorneys

for

the petitioners asking permission

to withdraw the variance petition.

The letter requests that the pending petition be withdrawn without

prejudice.

On the present state of the record there

is nothing

pending before the Board on which it can act or render

a decision.

It

is

the Order

of the Pollution Control Board that the petition of

Tekton Corporation and Gallagher

& Henry be dismissed without

prejudice.

I, Regina

E.

Ryan,

Clerk of the Board, hereby certify that the

above Opinion and Order was approved on the

26th day ofMay,~ 1971.

(

1

—

615