ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1973
    )
    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

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