ILLINOIS POLLUTION CONTROL BOARD
January
7,
1988
CITY OF FARMINGTON,
)
Petitioner,
v.
)
PCB 85—203
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(By J. Anderson):
On December
3,
1987, The Board
issued an Order requiring
the
parties
to clarify
a discrepancy
in dates contained
in the
Agency’s Amended Recommendation, dated July
1,
1987.
The Board
Order
of December
3, 1987 also requested
a status report
concerning Petitioner’s compliance schedule.
On December
16,
1987,
Respondent,
Illinois Environmental Protection Agency
(Agency),
responded
by filing Agency’s Response To The Board’s
Interim Order And Second Amended Agency Recommendation.
The Agency response states that Petitioner has failed
to
adhere
to the compliance schedule which was agreed
to by the
parties and which was later incorporated
into the compliance
schedule contained
in the Agency’s First
Amended Variance
Recommendation.
Additionally, the Agency’s response references
recent telephone conversations with Farmington’s Attorney wherein
he
indicated
a prospective unwillingness
to undertake
the agreed
upon compliance project.
The Board notes
that these allegations
of fact are not attested
to, nor
is the filing accompanied by an
affidavit.
Petitioner, City
of Farmington, has not yet responded
to the
Board’s Order of December
3,
1987.
Petitioner,
is hereby given until February
7,
1988 to
respond to
the Board’s Order of December
3,
1987.
Specifically,
Petitioner
shall state whether Petitioner has adhered
to the
compliance schedule contained
in the Agency’s First Amended
Variance Recommendation.
Additionally, Petitioner shall disclose
to the Board whether or not Petitioner
intends
to proceed with
the compliance project contained
in that compliance.schedule.
If the Board does not receive Petitioner’s response within
30 days
of
the date
of this Order, this action will be subject
to
dismissal with prejudice.
IT
IS SO ORDERED.
85—01
—
—
I, Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board~~rebycertif~-.~hatthe above Order was adopted on
the
7~-’
day of
,
1988, by a vote
of
__________
Illino
Pollution Control
Board
85—02