ILLINOIS POLLUTION CONTROL BOARD

December 3, 1987

FRED H. NIELSEN, JR.,

and NIELSEN DEVELOPMENT,

Petitioners,

v.

)

PCB 87—115

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before tfle Board on Petitioners’

Supplemental Filing of October 19, 1987 purporting to explain tne

status of certain additional data requested by Board Order of

October 1, 1987.

The Supplemental Filing is inadequate. Specifically the

data fails to include the anticipated dates of the variance or

explain when the data is expected.

The Environmental Protection Act requires tflat variance

petitions be decided within J20 days. Because Petitioner nas not

waived its rigttt to a hearing within the 120—day deadline this

case is fast approaching its time limitation. Thus because the

120—day deadline is approaching and because Petitioner has failed

to provide the information required, this matter is dismissed

without prejudice. Petitioner may file a new petition upon its

receipt of sufficient data to constitute a complete and

sufficient Petition for Variance.

IT IS SO ORDERED.

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

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

the

_______________

day of

~

,

1987 by a vote

of

_________________

l5orothy

~

M. ~Tinn, Clerk

Illinois Pollution Control Board