ILLINOIS POLLUTION CONTROL BOARD
October 15, 1987
IBP, Inc.
Petitioner,
v.
)
PCB 86—174
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF TUE BOARD (by J. Marlin):
On October 9, 1987, IBP, Inc. (IBP) filed a motion in which
it requests the Board to render a decision in this matter without
the requirement of a public hearing. On December 3, 1986, IBP
filed an amendment to its petition for variance requesting that a
public hearing be held. The original variance petition had
waived a right to a hearing. By its Order of December 5, the
Board accepted this matter for hearing.
According to IBP, this present request comes as a result of
an agreement between IBP and the Illinois Environmental
Protection Agency (Agency); the terms of this agreement are
apparently reflected in the the Agency’s Amended
Recommendation. IBP asserts that a hearing is no longer
necessary and that the Board can decide this matter on the
petition, recommendation, and amended recommendation. IBP also
states that the Agency concurs with the position that a hearing
is not necessary. The Board notes that no person filed an
objection to the petition for variance.
The Board hereby grants IBP’s motion and directs the Hearing
Officer not to hold a hearing in this matter.
IT IS SO ORDERED.
J.D. Durnelle dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
/C~-’
day of
~
,
1987, by a vote
of
______________________
i?,.
Dorothy M./Gunn, Clerk
Illinois Pollution Control Board
82—273