ILLINOIS POLLUTION CONTROL BOARD
August 18,
1977
VILLAGE OF WINFIELD,
)
Petitioner,
)
v.
)
PCB 77—207
:hNVIRONMENTAL
PROTECTION
)
)~GENCY,
)
Respondent.
OhDER OF THE BOARD
(by
Mr.
Goodman):
The
Petition for Variance filed on August
3,
1977,
by the
village of Winfield
is inadequate for the following reasons:
1)
it fails to indicate whether a hearing is requested or waived,
required
by
Procedural
Rule
401(b),
2)
it
fails
to
state
by
~:h~t
date
completion
of
the
interim
treatment
works
upgrading
and
expansion program is anticipated, and
3) although the petition
indicates that notice of filing was sent to the Attorney General~s
oef
ice,
it fails to indicate whether the petition was
filed with
the
Illinois
Environmental
Protection
Agency
as
required
by
Section
37
of
the
Environmental Protection Act.
Petitioner shall amend the petition to provide the above infor-
r~tionwithin
45 days of the date of .this Order.
The statutory
90~daydecision period shall begin to run with the filing of the
a~nended
petition.
Failure to file an amended petition providing
the
necessary information shall subject the petition to dismissal
for
inadequacy.
Petitioner
has
also
filed
a
Motion
to
Consolidate
this
variance
proceeding
with
an
enforcement
proceeding
currently
pending
before
the
Board.~ Environmental
Protection
Agency
v.
Village
of
Winfield,
PCB
77-114.
The Board will consider the Motion to Consolidate upon
Petitioner’s filing of the amended variance petition.
However,
in
a variance proceeding the Board is constrained by the 90-day decision
(72
7~~-/
—
2-~
period
requirement
ob
Section
38
of
the
Act,
which
does not apply
in
an
enforcement
prcceedi:~g.
The~fore,
a
waiver
by
the
Village
of
the
90—day
rule
Will
be
necessary
to
enable
the
Board to consider
the
Motion
to
Consolidate,
IT
IS
SO
ORDERED.
I,
Christan
L.
Moffett,
Cierk.o~th~t~Liinois
Pollution
Control
Board,
here
y
certify
the
above
Order
~s~dopted
on
the
day
of
,
1977
by a vote of!
~
trol Board