ILLINOIS POLLUTION CONTROL BOARD

October 23, 1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complaint,

V.

)

PCB 86—32

CITY OF SYCAMORE, a municipal

)

corporation,

Respondent.

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

This matter comes before the Board upon an October 14, 1986

emergency motion for continuance filed on behalf of the Illinois

Environmental Protection Agency (Agency). In that motion the

Agency states that “this matter is being brought directly to this

Board due to the urgency of Complainant’s needs and due to

certain clear and unequivocal statements made by the hearing

officer, Marvin Medintz, to movant’s counsel, to wit; that he

would deny any and all motions by the state to continue the

hearing of this case, regardless of the justifiability of those

motions.” (Motion, pp. 2—3).

Based upon a review of the motion and a lack of objection by

the City of Sycamore which was conveyed to the Board by

telephone, Board Members Anderson, Meyer, Marlin and Flemal

agreed that the motion should be referred to the hearing officer

and that he should be advised to grant it. He did so, thereby

mooting the motion before the Board.

The emergency motion is hereby denied as moot.

IT IS SO ORDERED.

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

Board, hereby certify that e ove Order was adopted on

the

~‘~‘~—

day of

___________,

1986 by a vote

of

Dorothy M. Gilnn, Clerk

Illinois Pollution Control Board

73-408