ILLINOIS POLLUTION CONTROL BOARD
July
22,
1976
MARY
ANN
NOWAX,
Petitioner,
v.
)
PCB 76—193
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
INTERIM ORDER OF
THE
BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board upon
the Petition filed by Mary
Ann
Nowak on July 16,
1976.
Peti-
tioner has applied for
a permit to construct a combined sewer
in Calumet City to serve ten single-family houses in the pro-
posed Edgewood Subdivision, and the Agency has denied her appli-
cation.
Mary Ann Nowak now petitions the Board in order to
enable her to receive the requested permit.
TheBoard is uncertain, however,
as to whether the petition
herein is intended to be
a permit appeal,
in accordance with
Rule 502 of the Board’s Procedural Rules, or a variance petition,
in accordance with Rule 401 of the Procedural Rules.
Petitioner
is directed to the above—cited Rules
as well as Titles
9 and 10
of the Environmental Protection Act for clarification as to which
procedure she wishes to pursue.
If the petition herein is intended as a variance petition,
it must fulfill the requirements of Rule 401, including the re-
quirements that Petitioner cite the specific section of the Act
or Regulations from which variance is sought and that Petitioner
state the hardship she will suffer if the variance is denied.
Petitioner shall amend her petition within 45 days of the
date of this Order in order to clarify whether it is intended as
a variance petition or permit appeal.
If the petition is intended
to be a variance petition, Petitioner shall amend it to fulfill
the requirements of Rule 401 of the Procedural Rules,
as noted
above.
Petitioner shall file with her Amended Petition a waiver
of the 90-day decision period set by statute.
Failure to timely
file the Amended Petition shall subject the petition to possible
dismissal for inadequacy.
IT IS SO ORDERED.
23—175
—2—
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, ~ierebycerti:
above Interim Order was adopted
on the
____________
day of
,
1976 by a vote of
Illinois Pollution
‘1 Board
23— 176