ILLINOIS POLLUTION CONTROL BOARD
    December 6,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Petitioner,
    )
    AC 89—171
    (Administrative Citation)
    V.
    )
    IEPA Case No. 9806—AC
    CITY OF PAXTON,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    This matter
    comes
    before
    the Board
    on an
    October
    16,
    1989
    motion
    to
    proceed
    to
    decision
    by
    submittal
    of
    written
    legal
    argument to the Board without hearing.
    The motion was submitted
    by the Illinois Environmental Protection Agency
    (Agency).
    In support of its motion, the Agency stated that all “material
    factual evidence necessary to frame the legal
    issue, which legal
    issue is the only issue disputed in this cause” has been set forth
    and
    acknowledged
    in
    the City
    of
    Paxton’s
    Petition
    for
    Review.
    Therefore,
    if a hearing were held, the Agency would have no factual
    evidence to present at the hearing.
    The Agency
    also noted
    that
    granting of its motion would reduce expenditures for the parties
    and the Board.
    On November
    13,
    1989,
    the City
    of
    Paxton
    (Paxton)
    filed
    an
    answer
    to the Agency’s motion
    which
    stated
    that
    Paxton
    had
    no
    objections
    to
    having
    the case decided
    by
    submission
    of
    written
    argument
    without
    hearing.
    The
    motion
    to
    proc~eed to
    decision
    by
    submittal
    of written
    legal argument to the Board without hearing is granted.
    The Board
    construes the Agency’s motion as requesting summary judgment after
    the submission
    of written argument.
    The Board grants this motion
    without deciding the merits of the cause.
    The Agency’s brief
    is
    to be received at the Board’s offices
    by December
    27,
    1989.
    The
    City of Paxton’s brief is to be received at the Board’s offices by
    January
    10,
    1990.
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    N.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, her~bycertify that the above Order was ~dopted
    on the ~
    day
    of
    ~
    1989,
    by
    a
    vote
    of
    G-
    ~--c~’
    ~/‘
    ~~L1
    ~
    /
    Dorothy M./~unn, Clerk
    Illinois ~llution
    Control Board

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