ILLINOIS POLLUTION CONTROL BOARD

February 21, 1974

CITY OF HERRIN,

Petitioner,

v.

)

 PCB 73—503

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

 (by Mr. Henss)

On November 30,

 1973 the City of Herrin filed its Petition

requesting Variance from the Air Pollution Control Regulations

for the open burning of trees,

 tree limbs

 and tree cuttings at

the City landfill.

 On December

6,

 1973 this Board found the

Petition to be inadequate and ordered Petitioner

 to amend the

Petition or face dismissal.

 The Board Order said the Petition

‘is

 inadequate in that it does not give details as to the location

of the landfill in relation to residences and does not give the

alternate costs of renting or operating an air curtain destructor

or of using

 a chipper’1.

 The Amended Petitipn was to include

a

statement by Petitioner that the

 90 day period for our decision

would commence with the filing of the Amended Petition.

The Petitioner has not filed any additional information

nor has Petitioner extended the date for our decision.

We,

therefore,

 must rule on the Petition in its original

 form.

 Since

the Petition for Variance is inadequate

 a dismissal is appropriate.

IT IS ORDERED that the Petition for Variance be dismissed

 without prejudice.

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

Board, hereby certify the above Opinion and Order was adopted

this

 day of~A~1~~ 1974 by

 a vote of

~

 to ~

..~

11

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339