ILLINOIS POLLUTION CONTROL BOARD

October 3, 1972

CITY SAVINGS ASSOCIATION,

In Receivership,

and

APPLE ORCHARD UTILITY CO., INC.,

)

PCB 72-383

Petitioners,

V.

)

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

PRELIMINARY ORDER (by Mr. Parker):

A Petition for Variance was filed with the Board on September

26,

1972. We find the petition to be incomplete in that it does

not specify the rule or regulation from which the variance is

sought, and does not otherwise provide the detailed information

required by our Procedural Rule 401. For example, the petition

fails to include a description of existing and proposed equipment

for

the control of discharges, a time schedule for bringing the

activity into compliance, and a clear statement of the precise

extent of the relief sought. The Agency has moved to dismiss the

petition for failure to satisfy the requirements of Rule 401 (a).

Rather than dismiss the petition, however, we deem it more

expeditious to, by this Order, advise Petitioner of these defects

and grant leave to file an amended petition containing the addi-

tional necessary information.

Petitioner is accordingly ordered to file an amended petition

with the Board on or before October 31, 1972, the amended petition

to contain additional information consistent with the requirements

of our Procedural Rule 401. and the amended petition also to

include a statement by petitioner that the 90 day period provided

for in Title 9, Section 38 of the Environmental Protection Act

shall commence as of the date of filing of the amended petition.

In the absence of the filing of an amended petition on or

before October 31, 1972, the original petition shall be subject

to dismissal.

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

certify that the Board adopted the above Preliminary Order on

this

_____

day of

_________________,

1972, by a vote of

_____

to

~,:

.

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