ILLINOIS POLLUTION CONTROL BOARD
    September 12,
    1991
    CITY OF BRAIDWOOD,
    )
    Petitioner,
    v.
    )
    PCB 91—118
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    On July 10,
    1991, the City filed its petition for relief from
    the Board’s restricted status rules due to its lack of compliance
    with the maximum allowable concentration for combined radium and
    gross
    alpha particle activity
    level
    (35
    Ill.
    Adm.
    Code
    602.105,
    602.106 and 611.330).
    On July 25, the Agency moved to dismiss this
    case due to the pendancy of an appeal of the Board’s Order denying
    a similar variance petition in Braidwood v.
    IEPA,
    PCB 89-212, June
    21,
    1990.
    The Agency asserts that the Board has no jurisdiction
    to hear this petition,
    as all issues lie within the jurisdiction
    of the Third District Appellate Court.
    On August 23, the City filed a response in opposition, as well
    as a first amended petition.
    The motion to dismiss
    is
    denied.
    The Board notes that the
    Third District has reached a decision in City of Braidwood v. IEPA,
    No. 3—90-0788
    (August 28,
    1991).
    In that case, the Court affirmed
    the Board’s denial of variance.
    The
    Board
    notes
    that
    the
    filing
    of
    the August
    23
    amended
    petition restarts the timeclock for actions specified in Sections
    35-38 of the Act.
    However, the petition fails to follow the rules
    for incorporation by reference found at 35 Ill. Adm. Code 101.106.
    (Petition,
    p.
    2,
    paragraph 8).
    The Board will, however, allow the
    incorporation
    of
    the Opinion
    and
    Order
    in
    PCB
    89-212
    without
    requiring the filing of the usual
    4 copies.
    If an amended petition curing this
    deficiency
    is not
    filed
    within 45
    days of
    the date
    of this Order, this petition will be
    subject to dismissal.
    IT IS SO ORDERED.
    126—73
    2
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~ hereby certi~ that the above Order was adopted on the
    ~
    day of
    ______________________,
    1991,
    by a vote of
    7—p.
    Control Board
    126—74

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