ILLINOIS POLLUTION CONTROL BOARD
    January 6, 1994
    GUNITE CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—121
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by G. T. Girard):
    On December 22, 1993, the Board received a motion filed by
    the petitioner to vacate a December 7, 1993 hearing off-icer
    order. The Agency has not responded to the motion. The hearing
    officer in this proceeding issued an order on December 7
    cancelling hearings scheduled for December 8 and 9. The order
    states that the hearings were being cancelled “upon
    representations made by both parties that the Stipulation and
    Agreement has been duly satisfied and that all disputes between
    the parties have been resolved”. The order also directs the
    petitioner to file a motion with the Board to dismiss this matter
    by December 22, 1993.
    •
    The motion to vacate argues that the order issued by the
    hearing officer is “tantamount to an order of dismissal and, its
    entry is thus beyond the scope” of the hearing officer’s
    authority. The motion also states that the “Stipulation and
    Agreement entered of record in this case on September 3, 1993,
    has not, in fact, been duly satisfied. Nor have the disputes
    between the parties been resolved.” (Not. at 2.) The motion
    goes on to detail what issues remain between the parties.
    The Board first notes that this is a permit appeal with a
    decision deadline of February 26, 1994. Thus, the Board must
    decide this case at its February 17, 1994, Board meeting, absent
    a waiver of the decision deadline. Given the time driven nature
    of this case and the representations made to the hearing officer,
    the hearing officer’s December 7, 1993 order appears to be
    appropriate. However, the petitioner asserts now that the issues
    are not resolved. Therefore, the Board will vacate the December
    7, 1993 hearing officer order.
    This matter is set for hearing and a hearing must be held,
    absent a waiver of decision deadline, no later than February 1,
    1994. This hearing will go forward on the merits of the case.
    Absent a waiver of decision deadline briefs will be due February
    4,
    1994.
    Failure to proceed on the merits will result in a
    dismissal for failure to prosecute this appeal.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify at the above order was adopted on the
    _____________day of
    ~
    ,
    1994, by a vote of
    7 -
    Dorothy N. ~
    Clerk
    Illinois Po~/LutionControl Board

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