ILLINOIS

POLLUTION CONTROL

BOARD

April

4,

1975

HUPP,

INC.

Petitioner,

vs.

)

PCB 74—80

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

Mr.

Henss)

Respondent, Environmental Protection Agency, has filed a

Motion to Vacate

or Modify Interim Board Order.

That Interim Board

Order directed the Hearing Officer

to set a hearing date.

Agency

now requests that no hearing be held stating that in the

opinion

of the Agency Petitioner can cualify for an operating permit and

if such

a permit is granted the issues raised in this matter will

be rendered moot.

The Agency further states that it believes

Petitioner will

join in the motion to obviate the necessity of

a

hearing.

This matter has been pending for a considerable period of

time.

Petitioner has not, in fact,

joined with the Agency in the

motion and might not wish

to abandon its petition.

If Petitioner

does wish to withdraw the petition we should be so advised.

Since we have not heard from Petitioner we will schedule the

case for hearing.

Motion to Vacate or Modify Interim Board Order is

denied.

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereb

certify the above Order was adopted this

_________

day of

____________,

1975 by a vote of _____to

o

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