ILLINOIS POLLUTION CONTROL BOARD

May

26, 1977

COOK CONSTRUCTION COMPANY,

Petitioner,

v.

)

PCB 77-97

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Young):

The Recommendation filed by the Agency on May 5,

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

1972,

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 Environ-

mental 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 Pro-

tection 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.

Similarly,

prior to any action

by the Pollution Control Board, when the Environ-

mental Protection Agency has filed objections, the

Board

could

flot,

con~i~t.uni

ly

,

arbi

trarily

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.

Petitioner

is requested

to file a waiver of

the 90-day decision period set by statute

so that the hearing

may be held.

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623

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IT

IS

SO

ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereb~Tcertify the above Interim Order was

ado~ed on the

~

‘

day of

fY7

,

1977 by a vote

Christan

L. Moff44~) Clerk

Illinois Pollutià~tControlBoard

25

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