ILLINOIS POLLUTION CONTROL BOARD

February 14,

1975

ELMHURST COUNTRY CLUB,

Petitioner,

v.

)

PCB 74—354

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF

THE

BOARD

(by Mr.

Durnelle):

The Elmhurst Country Club

(hereinafter “Petitioner”)

filed a petition and Motion to Re-Open the Opinion and Order

of the Board in Elmhurst Country Club v.

EPA, PCB 74-354

(January 23,

1975)

on February

5,

1975.

Petitioner seeks

a

re—hearing on

its petition for,

in the alternative,

the

grant of

a variance from Rule 404(a) of the Water Pollution

Control Regulations without a hearing.

Petitioner’s Motion was timely filed in accordance with

Rule 334 of the Pollution Control Board’s Procedural Rules.

No hearing was held on

the

original variance request.

Pursuant to Procedural Rule 405, the Board denied Petitioner’s

variance request without prejudice.

In order to avoid ambiguities regarding the 90-decision

period requirement, Petitioner’s request for a re-hearing

is

hereby denied.

However,

the Board will construe the Motion

for Re-Hearing, together with the original variance petition,

as

a new variance petition.

As

a new variance petition,

it

will be assigned a new docket number(P0B75-76) and set for hearing.

The 90-day period for decision will begin to run on February

5,

1975 the date of filing the Motion for Re-Hearing.

IT IS SO ORDERED.

I, Christan L, Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on the

j4~~t

day of February,

1975 by

a vote of

~4~’-o

C ristan L. Moff

Clerk

Illinois Polluti

ontrol Board