ILLINOIS POLLUTION CONTROL BOARD
    July 12,
    1973
    THE MIDWAY ORGANIZATION,
    Complainant,
    v.
    )
    PCB 73—198
    FRANCIS
    P.
    KANE,
    DEPARTMENT OF PUBLIC WORKS,
    and.
    METROPOLITAN SANITARY DISTRICT
    OF GREATER CHICAGO,
    Respondents.
    ORDER OF THE BOARD
    (BY SAMUEL T.
    LAWTON, JR.):
    Motion has been filed by the Metropolitan Sanitary District
    to vacate or modify our June 21,
    1973 Order, which deferred
    hearing on the complaint and directed that such hearing be held
    at a location within the community involved, and set at a time
    convenient
    to the persons interested
    in attending.
    The District
    asked that we vacate our order because no prior notice of
    the
    motion had been received,
    that relocation will cause an abnormally
    increased attendance with resulting difficulties in maintaining
    order, and that in the event hearings are held on weekends or
    during the eveninq, th~District will be obliged to pay personnel
    on an overtime basis.
    While
    the absence of notice
    is a serious contention, we have
    considered the reasons advanced by the District in opposing the
    original order and believe that no useful purpose would be served
    by vacating
    the
    Order and reconsidering it on the same premises
    presently advanced by the District.
    We are not persuaded that a
    large attendance,
    if
    in fact such occurs, would result in a dis-
    orderly hearing.
    On the contrary,
    this Board has throughout its
    three year existence encouraged participation by all interested
    parties representing all sides of the various issues involved.
    Rather than create disorder, we believe that public attendance
    is
    compatible with due process requirements that the Board has
    endeavored
    to foster.
    Furthermore, while we concede that the District may be com-
    pelled to make witnesses available
    who
    conceivably would be
    8—
    501
    —2—
    compensated on an overtime basis, we believe that this risk
    is
    inherent in any operation of the sort involved in the instant
    case, and does not constitute
    a basis for vacating our original
    order.
    Accordingly,
    the motion to vacate or modify is denied.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, qertify that the above Order was adopted by the Board on
    the
    /
    ‘~dayof
    ____________,
    1973,
    by a vote of
    g
    to
    ~\
    ! 1!
    8— 502

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