ILLINOIS POLLUTION CONTROL BOARD

January 9, :L975

MARBLEHEAD LIME COMPANY,

Petitic’ner.

vs.

)

PCB

74—146

ENVIRONMENTAL PROTECTION AGENCY

)

Respondent.

ORDER

OF THE BOARD (by Mr. Henss~:

Marblehead Lime Company on December

18,

1974 filed “Motion

for Leave to Amend and for Consideration of the Merits of Said

Petition”.

The Environmental Protection Agency has not filed

any response or objections to the motion,

In the Motion Petitioner requests that it be granted leave

to amend its Petition for Variance and that the Board proceed

to decide the issues on the basis

of the Amended Petition and

the record submitted at the public hearing which has already

been held. It appears that the Amended Petition requests sub-

stantially the same relief as was requested originally in April

1974 and that the amendments are intended to conform the pleadings

to the proof. We do not believe that the public

or

the Agency

will be prejudiced by the granting of this motion since new

issues of substance are not introduced.

Therefore,it is ordered that the Motion be allowed; that

any hearings heretofore scheduled be cancelled; and that the case

be taken on the Amended Petition for Variance and the record

presented.

IT IS SO

ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Co~trol

Board, hereby certify the above Order was adopted this

‘1

day ~

1975 by a vote of

~

to ~

QAt~cL~~~7fl

~_1I~

15

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