ILLINOIS POLLUTION CONTROL BOARD

April

2,

1981

WESTTOWN LANDS WEST SUBDIVISION,

)

Petitioner,

v.

)

PCB 81—43

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

Westtown Lands West Subdivision

(Westtown) filed this

petition for variance on March 17,

1981.

This petition, signed

by ten homeowners,

seeks variance from condition #1, Permit

1980—HC—0727 i~suedto the Village of Lombard.

There are several

reasons the requested relief cannot be granted:

first,

the Board

has no power to grant variance from a permit condition since that

is not a “rule or regulation, requirement or order of the Board”

(Environmental Protection Act, Section 35(a));

second,

hearing

is

neither clearly requested nor waived

(Procedural Rule 401(b));

and third, the Village of Lombard has not been joined as a party.

The Board also notes that if hearing

is waived, such waiver

must be accompanied by an affadavit swearing to the truth of

the facts alleged.

Finally, the allegations concerning hardship

and costs of compliance are somewhat scanty.

The Board will not dismiss the petition at this time in that

it appears that the equivalent to the relief requested could be

accomplished procedurally by a request for variance from Rule

962(a)

of Chapter

3:

Water Pollution,

if the other procedural

defects are also cured.

Therefore, the Board hereby orders that Westtown amend its

petition within 45 days of the date of this order to cure the

above—noted defects or the petition will be subject to dismissal.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted on

the

~

day

of

~

,

1981

by

a

vote

of

—____

~

r

-~‘

Christan L.

Moffett, Clerk

Illinois

Pollution Control Board

41—201