ILLINOIS POLLUTION CONTROL BOARD

January 21, 1988

CITY OF YORKVILLE,

Petitioner,

v.

)

PCB 87—158

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by JD. Dumelle):

This matter comes before the Board upon City of Yorkville’s

Petition For Extension Of Radium Variance filed October 13,

1987. Petitioner seeks a variance from 35 Ill. Adm. Code

602.105(a), 602.106(b) and 604.301. On October 20, 1987,

Respondent, Illinois Environmental Protection Agency filed its

appearance.

On October 15, 1987 this Board entered an order notifying

Petitioner that its Petition For Variance was fatally

deficient: Petitioner failed to plead or provide any facts

justifying its request for a six month extension as required by

35 Ill. Mm. Code 104.121, 104.122, 104.123. The Board’s Order

of October 15, 1987 contained a caveat that this action would be

subject to dismissal if the noted deficiencies were not corrected

within 45 days.

The 45 day time period expired on December 1, 1987. The

date of this Order is well in excess of December 1, 1987 and

still Petitioner has failed to comply with the Order of October

15, 1987.

This matter is hereby dismissed.

IT IS SO ORDERED.

I, Dorothy 4. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

_______________

day of

~

1988 by a vote

Dorothy M. nfl, Clerk

Illinois Pollution Control Board

85—227