ILLINOIS POLLUTION CONTROL BOARD
June
8,
1978
ZIMCO ENTERPRISES,
DIVISION OF
ZINCO METALFAB,
INC.,
Petitioner,
v.
)
PCB 78—104
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by Mr.
Young):
On June
2,
1978, the Respondent filed
a Motion
to
Consolidate this proceeding with PCB 77-276, EPA v.
Zimco Enterurises,
Division of Zimco Metalfab,
Inc.,
and to set aside the stay in PCB 77-276 granted March
30,
1978.
By Order of June
8,
1978,
the Motion to
Consolidate was denied.
In paragraph
2 of the Motion of Juno
2,
1978, Re-
spondent states
as follows:
“However,
the parties have since come to
the conclusion
that the Agency Reconimenda-
tion necessary for
a full
and
fair treat-
ment of the issues presented
by
the
variance
petition, which Recommendation was due on
May 29,
1978,
cannot adequately he orepared
unless and until
the oarties come
to further
agreement concerninq matters raised
in
the
enforcement
action.
Speci
Neal
y,
the
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iii
betw~on
t ho
it
i
oo
as
to
the
facts
involved
in
the
enforcement
matter;
those
facts are crucial to
a
com-
plete
oresentation
to
the
Board
of
the
issues
involved
in
tue
variance
petition.
The
parties
have
separately
agreed
that
a
docu-
ment
encompassing
those
facts
will
he
forth-
corning
in
the
next
few
weeks
in the form of
a
final
Stipulation of Facts preparatory to
settlement
of
the
enforcement
action.
30
—
125
—2—
The Board can only construe such language to be a
request for a stay of the variance proceeding despite the
caption
of
the
Motion.
Since
no
waiver
of
the
Section
39
statutory
90-day
right
to
decision
has
been
filed
by
the
Petitioner
herein,
no
further
delay
will
he
allowed
in
this
matter.
IT IS SO ORDERED.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was
adopte
on
the
~
day of
_________________,
1978
by
a
vote
of
.Q
Christan
L.
Moff
Clerk
Illinois Pollution Control Board
30—426