ILLINOIS POLLUTION

CONTROL BOARD

December 20,

1984

CITY OF KEITHSBURG,

)

Petitioner,

v.

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent~

ORDER OF THk~BOARD (by

J~, D~Dumeile):

On December 13,

1984, what p~rportsto

be

a transcript of

the hearing held

in

this

raatter was filed

by the City of

KiethsI~irg. However,

it does not comport

with the re~irement

of

35

Iii.

Mm.

Code

1O4~~202that ~a

complete stenographic trans-

cript0

be

sibmitteth

The Board,

therefore,

finds

the

pirported

transcript

unacceptable..

The Board

notes,

however,

that

the

parties appear to agree

on the desired

resolution of this matter.

For that reason, the

Board suggests three

options for the parties:

1.

A new hearing

may be held and a

complete

stenographic

transcript filed;

2.

The

City

may waive hearing

and

the

hearing

transcript

will

be disregarded;

or

3.

The

City

may waive hearing and

the

parties

may

enter a

joint stipilation that

if

hearing

were to be held that witnesses

would

be presented

who would

testify

in

accordance

with

the

nar-

rative

summary

contained

in

the

December

13,

1984

filing.

Since it is the

responsibility of the City

to submit an ac-

ceptable hearing

transcript,

the

delay

which

has

been

caused

in

this

matter

due

to

the filing

of

an improper transcript

will

be

treated as

a

pro

tanto

waiver

of

the

statutory

period

of decision

from

December 13,

1984, until

some appropriate

action is taken

by

the

City

to

remedy the transcript

deficiency.

Such

action

shall

be

taken

within

30

days

of the

date

of

this

Order.

IT

IS

SO

ORDERED~

I,

Dorothy M.

Gunn,

Clerk

of the Illinois

Pollution Control

Board,

hereby

certify

that

the

above

Order

was

adopted

on the

~

day

of

~

1984

by

a

vote of

.5-C

Dorothy M.

nn,

Cler

Illinois

Pollution Control Board

62-05