ILLINOIS POLLUTION CONTROL BOARD
    April
    28,
    1977
    CITY OF FARMER CITY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 77-71
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    INTERIM ORI~EROF THE BOARD
    (by Mr.
    Young):
    The Recommendation filed by the Agency on March 29,
    1977,
    is construed by the Board to be an objection to the grant of
    the requested variance.
    As stated in Material Service Corp.
    v.
    PCB
    (3rd Dist.
    1976)
    41 IllApp3rd 192,
    194, 354 NE2d 37:
    “It appears obvious that the legislation enacted
    by the State legislature requires that a hearing
    be granted
    to petitioner, in view of the fact
    that the Environmental Protection Agency has
    filed objection thereto prior to any action by
    the Pollution Control Board.
    Obviously,
    if the
    Environmental Protection Agency had filed an
    objection after
    21 days, but before action by
    the Pollution Control Board, it could hardly be
    consistent with the objectives of the Act to have
    the Pollution Control Board then say that the
    Environmental Protection Agency is too late and
    that the Board will simply accept the statements
    of petitioner as
    true,
    ignore the Environmental
    Protection Agency, and grant the variance.
    Simi-
    larly, prior to any action by the Pollution Control
    Board, when the Environmental Protection Agency
    has filed objections, the Board could not, con-
    sistently, arbitrarily dismiss the petition, when
    the Environmental Protection Act stresses the need
    for a hearing, if any objection is filed before
    the Board has acted.”
    In accordance with Material Service, this matter is hereby
    set for hearing.
    Petiti5ñer is requested to file a waiver of
    the 90-day decision period set by statute so that the hearing
    may be held.
    25-423
    —2—
    IT~ISSO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the abov? Interi~nOrder was
    adooted on the
    ~
    day of
    ~
    ,
    1977 by a vote
    ___•
    /
    (~A_4
    ~L~L4/~
    i:/~’. ~4.
    Christan L. Moffett, ~‘~érk
    ‘~
    Illinois Pollution Control Board
    25
    —
    424

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