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