ILLINOIS POLLUTION CONTROL BOARD
    April 28, 1977
    TRUST
    #182, CRAWFORD COUNTY STATE
    BANK,
    ROBiNSON,
    ILLINOIS,
    )
    (FAIRFIELD LAMPLIGHT MANOR
    APARTMENT COMPLEX), and
    CITY OF FAIRFIELD,
    Petitioner,
    )
    PCB 76-324
    v.
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This matter is before the Board on an Amended Petition for
    Variance filed by Petitioner City of Fairfield on January 20,
    1977.
    The Environmental Protection Agency’s Recommendation was filed on
    March
    3,
    1977,
    and a hearing was held
    in the matter on March
    23, 1977,
    in Fairfield,
    Illinois.
    The City of Fairfield was present at that
    hearing,
    as a party, pursuant to an Interim Order of the Board
    entered March 17,
    1977, directing that the City be joined.
    Rule 412(a)
    of the Board’s Procedural Rules requires that,
    “A
    complete stenographic transcript of the proceedings of the hearing...”
    be provided by a variance petitioner.
    Contrary to that Rule,
    no
    stenographic transcript was provided by Petitioner.
    Instead, the
    Petitioner
    taped the proceedings at the March
    23,
    1977, hearing and
    transcribed those tapes;
    that transcription was received by the
    Board on April 20,
    1977.
    If Petitioner does not cure
    the existincj defect
    in the record
    resultinq from violation of Procedural
    Rule 412(a),
    (see waivers
    filed April 14 and 28,
    1977), the case on May 12,
    1977,
    shall be
    considered for dismissal.
    Petitioner may
    file an appropriate waiver of the 90—day decision
    period,
    pending receipt of
    a transcript complying with Rule 412(a),
    or an appropriate motion under Rule 412 (b).
    Inasmuch as such action
    would require another hearing in this matter, Petitioner may,
    alternatively, waive a hearing under Procedural Rule 401(b),
    and
    request decision on the pleadings.
    IT IS SO ORDERED.
    25
    —
    395
    —2—
    I, Christan L. Noffett, Clerk of the Illinois Pollution
    Control Board, hereby cer ify the above Interim Order w~sadopted
    on the
    4~~”
    day of
    _________,
    1977, by a vote of
    ~L.p
    Christan L.
    Moffe’tt,
    (ç’~k
    Illinois Pollution Coh~t’o1Board
    25-396

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