ILLINOIS POLLUTION CONTROL BOARD

July 13, 1988

AMERICA OTR,

Petitioner,

v.

)

PCB 88—106

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J.D. Dumel1.~):

This matter comes before the Board upon the June 29, 1988,

Petition For Permit Variance filed by Petitioner, America OTR.

The Petition is confusing and misleading; the Board is

unable to discern the relief sought by this Petition. Petitioner

is directed to review 35 Ill. Adm. Code 104.121, Contents Of

Variance Petition, and 35 Ill. Adxn. Code 105.102, Permit Appeals

and Ill. Rev. Stat. ch 111 1/2 pars. 1026, 1027 and 1028. These

provisions identify the character and necessary requirements

associated with requests for variances, permit appeals, and

regulatory rule—changes. As it exists now, the Petition is

uncie~ran’~

the

~o~rv1is unable to determine the exact nature of

relief requested. Whether this matter is a request for variance,

a permit appeal or a request for rule—change is a matter to be

decided by Petitioner; but it must be properly captioned and

contain the necessary pleadings.

If the Board does not receive an amended petition, curing

the above noted defects within 45 days of this Order, this matter

will be subject to dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that th~above Order was adopted on

the

/~

~

day of

_____________,

1988 by a vote

of

—0

Dorothy

~

~—~

M.(~unn,

~

Clerk

~

Illinois Pollution Control Board

91—23