ILLINOIS POLLUTION CONTROL BOARD
    June 30, 1983
    MODINE MANUFACTURING CO.,
    Petitioner,
    v.
    )
    PCB 82—111
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    On June 20, 1983 Modine filed a motion for a 45—day
    continuance of the hearing(s) on its variance petition, currently
    scheduled for July 6, 7, and 8. Grounds for the motion are that
    its consultant will not have finished a report concerning treat-
    ment possibilities for Modine’s waste stream until about a week
    after the scheduled hearing.
    On June 29, the Agency filed a response objecting to
    further delay in this matter. It notes the history of delay in
    this action and its predecessor petition PCB 79—112, dismissed
    August 18, 1982 for reasons of extraordinary delay and failure
    to present a compliance plan. Modirie filed a reply to the
    Agency response, which is accepted pursuant to 35 Ill. Adm. Code
    103.140(c).
    As “Modine is not requesting the continuance because it is
    not prepared to go forward at hearing” (Motion, p. 3), the Board
    believes the best course is for hearing to proceed on July 6, to
    the extent practicable in the absence of the consultant’s report.
    An additional hearing should thereupon he scheduled, to proceed
    should additional testimony be desirable upon receipt of the
    report.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Botrd, hereby c rtify that the above Order was adppted
    on the ~
    day of
    ________________,
    1983 by a vote of
    ~
    Christan L.
    Mo~f(,
    Clerk
    Illinois Pollutio~Control Board
    52-443

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