ILLINOIS POLLUTION CONTROL BOARD

December

18, 1980

VILLAGE OF BURLINGTON,

Petitioner,

V.

)

PCB 80—203

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by J,D, Dumelle):

On December

15,

1980, the Village of Burlington

(Burlington)

filed an amended petition for variance in response to a Board

order

for more information issued on November 20,

1980.

The

petition requests variance from the Barium limitation of Rule

304(B)(4)

of Chapter

6:

Public Water Supplies,

and requests a

hearing.

Unfortunately, the amended petition fails to state

the

precise extent of the relief sought

(i.e. what barium standard

is requested).

Secondly,

hearing

is requested “especially in

view

of the fact

that

there are insufficient funds to implement

any alternatives”

(amended pet., p.3).

Because of this,

and

since the petition was apparently written without consultation

with counsel

(amended pet., p.1), the Board is uncertain as to

whether a request for

a hearing was actually intended,

In that

regard, the Board makes

the following observations:

1.

The petitioner must provide transcripts of the hearing

at its own cost except upon petition and good cause

shown (Procedural Rule 412);

2.

A hearing serves little purpose

if there

are no

disputed issues of fact;

3.

A hearing can he requested upon the filing of a

negative recommendation by the Agency

(Procedural

Rule

406); and

4,

If hearing is waived, an affidavit attesting to the

truth of facts alleged in the petition must be

submitted.

Unless an amended petition is filed within 45 days of the

date of this order curing the above~noteddefects, the petition

will be subject to dismissal.

IT

IS SO ORDERED.

40—145

---

I, Christan L, Moffett,

Clerk of the Illinois Pollution

Control Board, hereb

certify that the above Order was adopted

on the

/~

day o

~

1980 by a vote of

-‘/-C’

~

__

Christan L. Moffe~i~j,tlerk

Illinois Pollution ~Ontrol Board

40—146