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

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