ILLINOIS POLLUTION CONTROL BOARD

May 12, 1977

VILLAGE OF WAUCONDA,

)

Petitioner,

PCB 77—125

v.

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Young)

The Petition filed on May 9,

1977 is inadequate

in that

it fails to comply with the requirements of Rule 401(b) which

requires in part that the petition shall contain a request for

a hearing on the petition if desired by petitioner,

or a state-

ment waiving a hearing.

In the event that petitioner waives a

hearing at this time, petitioner may withdraw that waiver at a

later time in accordance with Rule 406(b) by filing an amended

petition requesting a hearing.

The Board shall render a final

decision within 90 days after the filing of that amended peti-

tion.

It is the Order of the Board that Petitioner

shall amend

the petition within 45 days of the date of this Order.

Failure

to timely file an amended petition shall cause the petition to

be denied without prejudice

for inadequacy.

The

90 day decision

period set by statute

shall run from the date of the filing of

the amended petition.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the j~~dayof

____________,

1977 by a vote of

______

Christan

L.

Moffett,

rk

Illinois Pollution C

rol Board

25

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