ILLINOIS POLLUTION CONTROL BOARD

May

26,

1977

CITY OF GIBSON CITY,

Petitioner,

v.

)

PCB 77-96

)

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF

THE

BOARD

(by Mr.

Young):

The Recommendation filed by the Agency on April

25,

1977,

is construed by the Board to be an objection to the grant of

the requested variance.

As stated in Material Service Cor

v. PCB

(3rd Dist.

1976)

41 IllApp3rd 1972,

194,

354 NE2d

3

“It appears obvious that the legislation enacted

by the State legislature requires that a hearir~g

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 not, consistently, 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.

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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In the event that the City of Gibson City finds the con-

ditions recommended by the Agency acceptable,

the City should

promptly inform the Agency and the Board of its position as

the aforementioned hearing may then be unnecessary.

IT

IS

SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Interim Order was

dopted

on the

~

day of/fl

,

1977 by

a vote of

____

Christan L. Moffe~~)Clerk

Illinois Pollutio~-~Q’ontrolBoard

25

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