ILLINOIS POLLUTION CONTROL BOARD

March 28,

1977

CITY OF TROY,

)

Petitioner,

)

v.

)

PCB 76—276

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by Mr.

Zeitlin):

The Board finds that the “Minutes” of a hearing held on

January 26,

1977, in this matter, are inadequate under Procedural

Rule 412(a).

The Hearing Officer was without authority to waive

the requirements of that Rule.

No

petition for relief under Rule

412(b)

having been filed with the Board, the matter is remanded to

the Hearing Officer for a hearing which complies with Rule 412.

Such hearing will be held so as to leave sufficient time for review

of the transcript.

In the alternative, Petitioner may file an appropriate Motion

for decisions without hearing with the concurrence of all parties

(including any objectors).

Any such Motion must be timely filed.

IT

IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby

c rtify the above Order was adopted on

the

~fl1~

day of

__________,

1977, by a vote of

?.O

Christan L. Mof~?,

Clerk

Illinois Pollution Control Board

25

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