ILLINOIS POLLUTION CONTROL BOARD

March

19,

1982

SOURS GRAIN COMPANY,

)

Petitioner,

v.

)

PCB 79—210

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by I.

Goodman):

On February 24,

1982 Petitioner moved for Reconsideration

of the Board’s January 21,

1982 Order which dismissed this matter

with prejudice,

Despite the noteworthy objections entered by the

Illinois Environmental Protection Agency, Petitioner’s motion is

granted.

Petitioner sought twice to continue the public hearing in

this variance proceeding.

The hearing officer granted Petitioner

a bifurcated hearing, and the Board found no allegations of harm

to Petitioner sufficient to overrule its hearing officer or delay

the public hearing as scheduled.

It should be noted that both

motions were procedurally defective.

Twice denied, Petitioner

withdrew its variance petition four days before the scheduled

public hearing.

As a sanction for the abuse of its Procedural

Rules, the Board dismissed this cause with prejudice.

This being the first instance that the Board has had to

sanction such activity, justice will be tempered with mercy.

Such conduct

is reprehensible and will not be tolerated in the

future.

For the sake of the Petitioner,

and not its attorneys,

this matter is reinstated.

IT IS SO ORDERED.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was ado ted on

the

/V~

day of

___________________

,

1982 by a vote of

____

Chr~

Illinois Pollutib~W’ControlBoard

45—525