ILLINOIS POLLUTION CONTROL BOARD

March 8, 1973

ENVIRONMENTAL PROTECTION AGENCY

v.

#72-506

JOHN McINTOSH

JOHN McINTOSH and MARY McINTOSH

#73—53

v.

ENVIRONMENTAL PROTECTION AGENCY

ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Petition for variance filed by John and Mary McIntosh requests

the right to continue the deposit of various materials in the ditch

which presumably would violate the Environmental Protection Act

and Sanitary Water Board Regulations relative to the stream involved.

The Agency has filed a Motion to Dismiss. Motion to Dismiss is

denied.

The

Agency is directed to file its recommendation within

15 days from the date hereof. Petitioner may supplement its peti-

tion to meet the contentions raised by the Agency, where applicable.

Hearing shall be scheduled on the petition.

The transcript and proceedings of the enforcement action with

respect to the subject matter of this petition shall be incorporated

in the record of the variance proceeding.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the

~

day of March,

1973, by a vote of ~ to ~

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