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

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