ILLINOIS POLLUTION CONTROL BOARD

September 3, 1981

ILLINOIS FRUIT

& PRODUCE CORP.,

Petitioner,

v.

)

PCB 81—104

ILLINOIS

ENVIRONItIENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF

THE

BOARD

(by D. Anderson):

On August 13,

1981 Illinois Fruit

& Produce Corp.

filed a

motion to waive hearing

and

to consolidate the record in this

variance matter with the record in an enforcement proceding,

IEPA v.

Illinois Fruit

& Produce Corp.

and

The Atchison, Topeka

& Santa Fe Co. PCB 80-181.

Hearings are concluded in the latter

and it appears to be ready for decision.

The Board will incorpor-

ate the enforcement record into the variance and the variance into

the enforcement action.

However, the Board will not at this time

consolidate the cases for decision, but will consider this with

the case,

in order to avoid making the enforcement action subject

to a decision date.

Because Illinois Fruit is willing to stand

on the record in the enforcement case and because a hearing has

been held in the enforcement case, the Board will not require an

affidavit

Procedural

Rule 401(b).

The Board notes that waiver

of hearing was an amendment to the amended variance petition which

restarted the decision period.

The motion is granted in part.

IT IS SO

ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby c~rtifythat the above Order was adopted

on the

32

day of

~

,

1981 by a vote of

~

~

-

Christan L. Noffett47Clerk

Illinois Pollution Control Board

43—313