ILLINOIS POLLUTION CONTROL BOARD
    May 8,
    1975
    HUPP,
    INC.,
    Petitioner,
    vs.
    )
    PCB 74—80
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    Mr.
    Henss):
    Petitioner Hupp,
    Inc. has filed a Motion to Vacate
    Interim Board Order.
    That Interim Board Order had directed
    the Hearing Officer to set a hearing date.
    The parties now
    agree
    that no hearing
    is necessary because Petitioner can
    qualify for an operating permit, and if such a permit is
    granted the issues raised in this matter will be rendered
    moot.
    On April
    4, 1975 we refused to cancel the hearing be-
    cause Petitioner had not joined in the request.
    Now that
    it
    is clear both parties desire the same relief we shall
    cancel the hearing.
    If operating permit is issued this
    matter will eventually he dismissed as moot and in that event
    a hearing will be unnecessary.
    It is ordered that the Motion to Vacate Interim Board
    Order be allowed.
    The Hearing Officer is directed to cancel
    all hearings and to hold this matter in abeyance until after
    the Agency has ruled on Petitioner’s application for operating
    permit.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Contjol
    Board, hereby certify the above Order was adopted on the
    ~‘~7
    day of
    May,
    1975 by a vote of
    ~
    ~Christan L. Moff~~~J
    Clerk
    Illinois poilutiofi~’Con~lBoard

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