ILLINOIS POLLUTION CONTROL BOARD

April

2,

1981

VILLAGE

OF ALGONQUIN,

)

Petitioner,

v.

)

PCB 81—46

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.D. Dumelle):

On March 23,

1981 the Village of Algonquin filed

a petition

for variance from Rule 1201 of Chapter

3:

Water Pollution.

That petition is deficient in two respects.

First,

hearing

is purportedly waived unless

“a favorable order

is not issued.”

A waiver cannot be conditioned upon a Board decision in the matter.

Algonquin may have meant

‘~recommendation”rather than order,

but if

so,

it must

so state.

Second,

paragraph

5

of the

petition regarding hardship and costs is not sufficiently

detailed.

Therefore,

it is hereby ordered that the Village of

Algonquin cure the above—noted deficiencies by an amended

petition to be filed within 45 days of the date of this order,

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

_______

~

~

Christan L. Moff~t~,Clerk

Illinois Pollution Control Board

41—203