ILLINOIS POLLUTION CONTROL BOARD
September 13, 1973
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ILLINOIS DEPARTMENT OF TRANSPORTATION
)
)
)
v.
)
PCB
73-315
)
)
ENVIRONMENTAL PROTECTION AGENCY
)
J
OPINION AND ORDER OF THE BOARD (by
Mr.
Dumelle)
Petition filed August 1, 1973
with
the Board is to nluse
broken concrete and quarry stone in the control of erosion.”
No Rule from which variance is desired is named.
The Environmental Protection Agency
in
its Motion to Dis~niss
Petition for Variance filed September 4 points out that the
use of
broken concrete and quarry stone to prevent erosion is a sound
land conservation practice; fulfills
the purpose of Title V of the
Environmental Protection Act; and that the materials so uSed do
not fall within the definition of “re1~use” as it appears in the
Act.
The Agency moves for
a
dismissal without preludice
and states
that
no variance is required to do what the petitioner wants to
do. We agree.
ORDER
The variance petition is dism~ssedas moot, without
prejudice.
IT IS SO ORDEREI).
Mr.
Odell abstains.
I, Christan L, Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order were adopted on
the
j~*~dayof
September, 1973 by a vote
of ~3—b
Pollution
rol Board