ILLINOIS POLLUTION CONTROL

BOARD

July 10, 1980

C. IBER & SONS, INC., THE

)

WARREN COUNTY HOUSING AUTHORITY,

)

and THE CITY OF MONMOUTH

Petitioners,

v.

)

PCB 80—82

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (by

3.

Anderson):

By separate motions filed June 25 and June 27, 1980, each

of the three variance petitioners moved the Board to accept

waivers of hearing, or alternatively to establish that hearing

be held on July 14, 1980 if the Board

found

a hearing desirable.

This motion is based on an agreement with the Agency that it

would file an amended Recommendation in support of the variance

requested. Petitioners additionally “waived” the decision date

in this matter from July 10 until July 24. The Agency filed its

Amended Recommendation late in the day on July 9.

The Board must first advise the petitioners that, while they

characterize their filing of June 23, 1980 a “Response to Recom-

mendation of Illinois Environmental Protection Agency,” the Board

does not consider this filing to be the “response” permitted by

Procedural Rule 406(a). Rather, the Board deems this filing to

be an amended petition filed pursuant to Rule 406(b), as entirely

new matter of a factual rather than argumentative or persuasive

nature is being brought before the Board. Accordingly, petitioners

“waiver” of decision date is irrelevant.

The Board construes petitioners’ alternative motions as an

unconditional waiver of hearing as required by Rule 401(b). This

waiver is accepted. Of course, waiver of hearing at this point

in no way forecloses petitioners from exercising their right

under Rule 406(b) to request a hearing within seven days of

receipt of the Agency’s amended Recommendation.

The Board is aware of the need for a prompt decision in this

matter, and intends to schedule this matter for decision on July 24.

---

2

The motion to accept petitioners’ waiver of hearing is

hereby granted.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, her~y cerfity that he above Interim Order was

adopted on the

JO

day of

____________,

1980, by a vote of

Illinois Pollut: Control Board