ILLINOIS POLLUTION CONTROL BOARD
    April
    27,
    1989
    VILLAGE OF NORTH AURORA,
    Petitioner,
    v.
    )
    PCB 89—66
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On April
    14, 1989,
    the village of North Aurora
    (“North
    Aurora”) filed
    a motion
    to modify an October
    15,
    1987
    Order
    of
    the Board.
    This motion
    is construed by the Board
    as
    a petition
    for variance extension and will
    be docketed
    as a new petition for
    variance.
    North Aurora submitted a filing
    fee on April
    18,
    1989.
    North Aurora’s petition
    is deficient
    in these respects:
    1)
    Assuming that petitioner wishes
    to incorporate
    the
    previous order
    from PCB 87—83
    into
    the current petition
    in PCB 89—66,
    the petitioner must identify any facts or
    assertions which have changed since
    the variance in PCB
    87—83
    was granted.
    2)
    If petitioner wishes
    to incorporate,
    in part or
    in
    whole,
    the record from
    the prior proceeding in PCB 87—
    83,
    the petitioner
    must resubmit copies of those
    documents
    to the Board
    for review
    in the current
    proceed ing.
    3)
    A statement of consistency with federal law as
    required
    by 35
    Ill. Adm. Code 104.122 and
    4)
    A statement on whether
    or
    not
    a hearing on
    the petition
    is desired by petitioner,
    or,
    in the alternative,
    a
    statement waiving a hearing accompanied
    by such affi-
    davits or other proof
    in support of
    the material facts
    alleged
    in the petition
    as the petitioner may submit,
    sufficient
    to enable the Board,
    if
    it so decides,
    to
    rule upon the petition without
    a hearing.
    Since
    the Board received
    a filing fee from North Aurora on
    April
    18,
    1989,
    the statutory tine periods
    for action
    required of
    the Illinois Environmental Protecion Agency and the Board begin
    98—293
    —2—
    running on that date.
    However,
    that statutory
    time period will
    restart upon the date of North Aurora’s filing an amended
    petition.
    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.
    IT
    IS
    SO ORDERED.
    I, Dorothy
    ti.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certifj
    that
    the above Order was adopted on
    the ~7~-day
    of
    ~
    ,
    1989,
    by
    a vote of
    7~2
    Dorothy M. ç~nn,Clerk
    Illinois P9~llutionControl Board
    98—294

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