ILLINOIS POLLUTION CONTROL BOARD
    December 19,
    1980
    UNITY VENTURES,
    )
    Petitioner,
    V.
    )
    PCB 80—175
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    )
    AGENCY and COUNTY OF DUPAGE,
    )
    Respondents.
    ORDER OF THE BOARD (by
    I.
    Goodman)?
    Petitioner’s motion for reconsideration is granted.
    Upon
    reconsideration, the Board affirms its Order of October 30,
    1980
    dismissing this petition for variance from Rule 963(a) of chapter
    3:
    Water Pollution.
    The relief is requested in order to allow the Agency to
    exLend Petitioner’s construction and connection permit issued
    on January 31,
    1979
    (Petition, p.5) for 3—5 years
    (Petition,
    p.9).
    The Board found the requested relief to be prospective in
    nature because Petitioner did not allege that it would he involved
    in construction activity after January
    31, 1981.
    Petitioner
    alleged, generally~uncertainty as to whether it might construct
    the sewers at all, citing the litigation surrounding the Lisle—
    woodridge Sewage Treatment Plant and the lack of demand for the
    Unit
    2 housing, the construction status of which is not alleged.
    Under the Board’s Procedural Rule 401(b), promulgated pursuant to
    §35 of the Illinois Environmental Protection Act, the petition
    lacked a sufficient allegation of hardship.
    Petitioner may refile its petition correcting the deficiencies
    noted by the Board orders herein.
    Mr. Werner and Mr. Dumelle dissent.
    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 jj~day of
    ~
    1980 by a vote of
    ~
    Christan L. Mo~fett,
    ‘erk
    Illinois Pollution Control Board
    40—199

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