ILLINOIS POLLUTION CONTROL BOARD
June
30,
1983
WILL COUNTY DEVELOPMENT
INC.,
Petitioner,
PCB
82—132
v.
)
82—133
BOARD OF COMMISSIONERS OF WILL COUNTY,
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On June 16,
1983,
the Board reserved judgment on the
intervenors’
June
7 motion for interlocutory review of a hearing
officer order which would result
in the
filing
of
briefs
in
this
matter some
9 months after
the hearing
in these matters, which
was held December
28,
1982.
The Board ordered petitioner
to
provide certain information, and to file the December hearing
transcript.
On June 24, petitioner’s attorney moved for leave to
withdraw from this action,
as differences
in opinion had arisen
between him and his client.
The motion is granted.
In its June
24 response to the Board’s
Order, petitioner
requested that the hearing officer’s order be affirmed, and that
it he allowed to postpone the filing of the transcript until the
date set by the hearing officer for filing of
its final
brief.
The Board cannot determine the merits
of the intervenor’s
motion without reviewing the hearing transcript, which should
have been filed on or about January
11,
1983 pursuant to
Section 105.104 of the Board’s Procedural
Rules.
If the hearing
transcript is not filed on or before July
1,
these appeals may
be subject to dismissal.
While the statutory decision period,
and the ability to waive
it,
runs in the petitioner’s favor,
the petitioner also has a duty to proceed with its appeal
as
expeditiously as
is practicable, which includes timely filing
of transcripts.
IT IS SO ORDERED.
I,
Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Bq~rd,hereby certify that the above Order was adopted
on the 3o
—
day of ~
,
1983
by a vote
of
4~.ti.
Christan L, Moff~t, Clerk
Illinois
Pollutioti Control Board
52-445