ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1992
    LONE STAR INDUSTRIES, INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB-92—134
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On October 14, 1992, The Environmental Protection Agency
    (Agency) filed a “Motion to Dismiss and Motion To Stay Filing of
    Agency Recommendation”. The Board will not rule on the motion to
    dismiss pending receipt of a response from Lone Star.
    The Agency requests the Board to stay the filing of the Agency
    recommendation until the motion to dismiss is decided. Absent a
    waiver of the statutory deadline, the Board is required to reach a
    final determination on a variance within 120 days from the filing
    of the petition. No waiver has been filed in this case. The
    decision deadline is January 15, 1993. Hearings are scheduled for
    November 12 and 13, 1992. A stay of the filing of the
    recommendation could jeopardize the Board reaching a final
    determination on the variance by the deadline.
    Therefore, the Agency’s motion to stay the filing of the
    Agency recommendation is denied.
    IT IS SO
    ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    B9a~, hereby certi y at the above order was adopted on the
    /~~-
    day of
    ,
    1992, by a vote of
    ~
    Control Board
    OI36-O~O3

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