ILLLNOIS POLLUTION CONTROL BOARD
~ugust 15, 1985
H/~.WTHORN REALTY GROUP, INC.,
Petitioner,
v.
)
PCB 85—85
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, and
VILLAGE OF LINCOLNSHIRE,
Respondents.
ORDER OF THE BOARD (by R, Flemal):
On August 8, 1985, Petitioner, Hawthorn Realty Group, Inc.
(~Hawthorn”), filed a motion for determination of date of filing
petition. This motion requests that the Board determine the date
of filing of this variance petition in order to calculate the
statutory 90—day decision deadline.
Hawthorn originally filed a variance petition on June 18,
1985. On June 27, 1985, the Board entered an Order requiring
Hawthorn to file an amended petition adding the Village of
Lincoinshire (“Lincoinshire”) as a necessary party respondent and
the necessary proof of service. On July 16, 1985, Hawthorn filed
proof of service on Lincoinshire along with a cover letter. On
July 17, 1985, Lincolnshire filed a motion for leave to file
written objections to petitioner Hawthorn’s petition for
variance. This motion contained statements indicating that
Lincoinshire anticipated Hawthorn filing an amended petition in
the near future and requested the opportunity to file comments
prior to the hearing scheduled for August 15, 1985. On August 1,
1985, the Board, anticipating that Hawthorn was still intending
to file an amended petition adding specific allegations regarding
respondent Lincolnshire, cancelled the impending scheduled
hear
ing.
The instant motion makes clear that Hawthorn does not
intend
to file an amended petition in this matter. Since the petition
is no longer inadequate, because of the filing of proof of
service on Lincoirishire, the 90—day statutory time clock shall
run from July 16, 1985, the date of filing of said proof of
service. This matter is, therefore, directed to hearing as
quickly as possible.
IT IS SO ORDERED.
B. Forcade abstained.
65275
—2—
I, Dorothy ti. Gurin, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
Lhe
~
day of _______________________, 1985, by
a ~oL~
of
~
.
C)
~
/~_~-~
Dorothy M. dunn, Clerk
Illinois Pollution Control Board
65-276