ILLINOIS POLLUTION CONTROL BOARD
February 6, 1992
CITY OF JACKSONVILLE
)
)
Petitioner,
)
V.
)
PCB 92-8
)
(Variance)
ILLINOIS ENVIRONNENTAL
PROTECTIbN AGENCY,
Respondent.
ORDER OF THE BOARD (by J. Anderson):
On January 16, 1992, the Illinois Environmental Protection
Agency (Agency) filed a Notion to Dismiss. On January 29, 1992,
the City of Jacksonville (Jacksonville) filed three documents: a)
Motion for Leave to File Instanter; b) Response to Notion to
Dismiss; and c) Motion for Instructions..
The motion to file instanter is granted.
The motion for instructions is denied. The Board believes
that its January 9, 1992 Order clearly articulated the noted
deficiencies; it is the petitioner who must articulate how it
proposes to cure them. The Clerk is instructed to attach to this
Order the January 23, 1992 Land and Lakes Opinion and Order, PCB
91—215.
The Board is postponing action on the Agency’s motion to
dismiss this matter until the 45 days, given to Jacksonville in our
January 9, 1992 Order to cure the noted deficiencies, has run. We
note that the holding of the Agency’s motion for now does not
preclude it from further filings at that time.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
~
hereby certify~,hat the above Order was adopted on the
~
day of ______________________, 1992, by a vote of
~
Dorothy M.4unn, Clerk
c
Illinois ~d1lution Control Board
130—83