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

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