ILLINOIS POLLUTION CONTROL BOARD
May
24,
1990
JAMES G.
ESAREY,
Petitioner,
v.
)
PCB 88—170
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF
THE
BOARD
(by J. Marlin):
This matter
comes before the Board upon Petitioner’s Waiver
of Deadline for Decision filed May 14,
1990.
The waiver extends
the petitioners
right
to
a decision
in his case until October
31,
1990.
Petitioner filed his petition
for
review of permit denial on
October 21,
1988.
On November
18,
1988,
the Illinois
Environmental Protection Agency
(“Agency”)
filed
the
administrative
record.
On November
28,
1988 Petitioner filed his
first waiver
of decision deadline
to June
20,
1989,
some
7 months
later.
In conjunction with
that waiver,
the petitioner
filed a
Motion
to Reschedule Hearing
for reason that discovery needed
to
be undertaken relative to the issues raised.
On November
13,
1989 Petitioner
again filed
a waiver
of
right
to
a decision.
The waiver granted an extension of the
decision deadline until April
30,
1990.
On January
16,
1990,
a
third waiver was filed;
this extension stretched the decision
deadline until June
30,
1990.
On April
5,
1990 the Board received
a filing from the
Hearing Officer stating
that the parties were negotiating
settlement
but that
no firm date was given for final
approval.
On May 14,
1990 the Board received petitioner’s fourth waiver
of
decision deadline.
This
is
the filing currently before us.
It
is now some
17 ocnths since
the petitioner
first
filed
his permit appeal.
During This entire time the Board has
received nothing directly from the oarties advising us
as
to the
status of
this case.
Ih an effort
to bring
this matter
to
a
conclusion, we direct the Hearing Officer
to schedule this matte:
for hearing within
60 days.
Lailing
that,
the Board will
consider dismissing
this matter
for want of prosecution.
IT
IS
SO ORDERED.
I
I —38 3
—2—
I,
Dorothy M. Gunn,
Clerk of
the Illinois Pollution Control
Board,
hereby certify
that the above and Order was adopted on
the
~
day of
~/
-
,
1990
by
a vote
of
-
-
I:.
~
Dorothy
M. Gunn,
Clerk
Illinois Pollution Control Board
111—384