ILLINOIS
POLLUTION CONTROL BOARD
January
10, 1980
NADELHOFFER-WILSON AND
ASSOCIATES
(Oak Hill Estates),
Petitioner,
v.
)
PCB 80~9
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER
OF THE BOARD
(by Mr. Dumelle):
On December 24,
1979 Petitioner moved the Board to
vacate and reconsider the Order entered in PCB 79—193 dated
November 15,
1979.
On January
7,
1980 the Agency moved the
Board to
strike or deny Petitioner~srequests
Since
Petitioner~s motion raises new matters which were not before
the Board when the prior decision was rendered,
it shall be
construed as a new petition for variance.
As a petition it is deficient in two respects.
First,
it
fails
to state whether the record in PCB 79-~193should be
incorporated here,
Second,
it fails to state whether
a
hearing is requested or waived as required by Procedural
Rule 401(b).
If these deficiencies are not corrected within
45 days of the date of this Order,
this matter will be
subject to dismissal,
The statutory
90 day decision period
shall run from the date an amended petition
is filed.
IT IS SO ORDERED,
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, here~ certify
that the above Order was
adopted on the
/o
day of
1980byavote~T~~ö
Oh~
~
Christan
L. Moffet~
erk
Illinois Pollution
o trol Board
37—165