ILLINOIS POLLUTION CONTROL BOARD
    June 23, 1992
    ANOCO OIL COMPANY,
    (CREVE COEUR TERMINAL)
    )
    Petitioner,
    v
    )
    PCB 91—10
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by G.T. Girard):
    In its January 18, 1991 petition, Amoco had requested that a
    hearing be held in this matter. Due to inactivity in the docket,
    on April 9, 1992 the Board directed that hearing be scheduled by
    May 11 and completed by July 15, 1992 or the matter would be
    subject to dismissal. Hearing was accordingly scheduled for June
    29—30, 1992.
    On June 10, 1992, the Agency filed a motion for leave to file
    its recommendation instanter. In support thereof, counsel for the
    Agency states he was assigned this case when he entered the
    Agency’s employ on February 18, 1992, and that the Agency was
    waiting for information received on May 21, 1992. The Agency’s
    recommendation is in support of grant of variance.
    In addition, on June 18, 1992, Amoco filed a waiver of hearing
    and requested that the hearing scheduled for June 29-30, 1992 be
    cancelled. In light of the favorable recommendation, Amoco
    “believes that the most efficient approach would be for the.
    . .
    Board
    to decide this matter on written submissions”.
    The Board first notes that it is concerned about the
    significant delay in filing the recommendation. The Board also
    notes with concern the absence of any earlier motion requesting an
    extension of time. Because the Act requires the Board to consider
    the Agency record in making its decision, the Agency’s motion to
    allow filing of the Agency recommendation instanter is hereby
    granted.
    Further, the Board declines to cancel the hearing at this late
    date. The hearing has already been noticed, and members of the
    public may well have relied on Amoco’s original hearing request in
    determining whether to object to this variance petition.
    13 4—303
    2
    The request to cancel hearing, is denied and the motion to file
    instanter is granted.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board~, hereby cert,i-~ythat the above order was adopted on the
    9i5’~’~
    day of
    ~
    ,
    1992, by a vote of
    7—~
    Dorothy M.
    Illinois
    Control Board
    I
    34—304

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