ILLINOIS POLLUTION CONTROL BOARD
September 1, 1994
VILLAGE OF HOFFMAN ESTATES,
)
)
Petitioner,
v.
)
PCB 94—222
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by CA. Manning):
On August 16, 1994, the Village of Hoffman Estates
(“Village”) filed a petition for variance for its public water
supply facility. The Village is a municipal corporation with
50,000 residents located in northwest Cook County and is a member
of the Joint Action Water Agency which supplies water from Lake
Michigan for the Village’s public water supply. The petition
requests a variance from the public notification requirements of
Subpart T, 35 Ill. Adm. Code 611.851
—
611.855.
A sufficient petition must satisfy the petition content
requirements of the Board’s procedural rules in 35 Ill. Adm Code
Sections 104.120—104.124. The petition filed by the Village is
deficient in that is missing three essential elements: (1) the
petition fails to include a plan for ultimate compliance or any
basis for relief from the compliance plan requirment of Section
104.121; (2) the Village’s petition fails to indicate whether the
Board’s granting of the requested variance would be consistent
with federal law as is required in Section 104.122; and (3) the
petition does not indicate whether the Village is requesting a
hearing pursuant to Section 104.123, or whether the Village is
waiving the hearing.
Unless an amended petition is filed within 45 days of the
date of this order, curing the above—noted defects, this matter
will be subject to dismissal pursuant to Section 104.124. The
Board notes that for purposes of calculation of the decision
deadline pursuant to Section 38 of the Environmental Protection
Act (415 ILCS 5/38), the filing of an amended petition will
restart the Board’s 120-day deadline.
2
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
/‘~“
day of ~
1994, by a vote of (~(T~
Do
•,
Clerk
Illinois Pollution Control Board