ILLINOIS POLLUTION CONTROL BOP~RD

April 18, 1985

FEDDERS—USA,

Petitioner,

)

PCB 83—47

ILLINOIS ENVIRO~1MENTAL

PROTECTION

AG~:iCY

Respondents

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board

upon

an April 10, 1985,

motion for continuance and an April 11, 1985, second amended

petition for variance filed on behalf

of Fedders—USA. Fedders

requests that the hearing scheduled

for

this date be continued

based upon its anticipated (and now

its actual)

filing of a

second amended petition. The notion for continuance is

hereby

granted.

The Board notes, however, that the scheduling of this

hearing was pursuant to a February 20, 1985, Order requiring

hearing to be held within 60 clays of that Order (April 22, 1985)

due to a lack of activity in this

proceeding since

issuance of a

hearing officer order on April

25,

1984,

requiring a status

report by ~Ju1y15,

l984~

The Board

further notes that this

proceeding was filed on April 3, 1983,

and that now two years

later this proceeding has barely proceeded at all. Therefore,

the Board will not look with favor at further continuances.

The

Board fully expects that the Illinois Environmental Protection

Agency will file its recommendation

within 30 days and that

hearing

will he held within 60 days of the filing of the second

amended petition pursuant to Board

rules. While Fedders has

waived hearing, the Board reaffirms its May 5, 1983 order that

hearing be held.

The Board notes that a retroactive

variance has been

requested and that retroactive relief

must be specially

justified, The Board further notes

that, contrary to Fedders~

assertion, it has not ordered that

this matter and PCB 85—5, a

related matter, be assigned to a single hearing officer, It is,

however, the Board~sintent to do so.

IT IS SO ORDERED.

63~461

---

2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

/~

day of

____________________,

1985 by a vote

of ~ç-—~)

.

0’