ILLINOIS POLLUTION
CONTROL
BOARD
November 16, 1978
THOMAS
B. ROSSETTER,
STEVEN W.
)
FITZSIMMONS, and CITY OF ST.
CHARLES,
)
)
Petitioners,
)
v.
)
PQ 78~147
)
ENVIRONMENTAL
PROTECTION
AGENCY,
)
)
Respondent.
ORDER
OF
THE
BOARD
(by
Mr.
Goodman):
The
Board entered an Order in this matter on October 4,
1978,
granting Petitioners a variance from Rules 951, 962 and 604 of
Chapter
3.
On November
3, 1978,
the Agency filed a Motion for Mod-
ification of that Order requesting that the Board deny the variance
from Rule 951.
Rule 951 is the construction permit requirement.
The Board agrees with the Agency that a variance from that Rule is
unnecessary because grant of a variance from the other Rules should
enable Petitioners to obtain a permit.
We furthermore agree that
participation in the permit process is necessary to ensure protec—
tion of the environment.
Our
grant of a variance from Rule 951 was
an oversight, and we hereby modify our Order of October
4 such that
a variance from Rule 951 is denied.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control
Board,
hereby
certify
the
above
Order
was
adopted
on
the
_____
day
of
~
1978 by a vote of
~1~C)~
Illinois Polluti
ontrol Board
32—105