ILLiNOIS POLLUTION CONTROL BOARD
February
1,
1996
HARRIS MARCUS GROUP, INC.,
)
)
Petitioner,
)
)
PCB95-156
vs.
)
(Variance-Air’
)
THE ILLINOIS ENVIRONMENTAL
)
PROTECTIONAGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by G. T.
Girard):
On January
10,
1996, the Illinois Environmental Protection Agency (Agency) filed
a motion for expedited hearing and expedited decision with the Board.
On January
19,
1996, the Board received a response from the petitioner.
On January 29,
1996, the
Agency filed a “response to the petitioner’s response”.
In effect, the Agency filed a reply.
The Board’s regulations do not allow for a reply as a right; therefore,
the Board strikes
the “response to the petitioner’s response”.
(See 35
Ill. Adm. Code 101.241(c).)
The Agency requests that the Board hearing be scheduled so that theBoard’s final
decision can be made by March15,
1996.
The time required for hearingnotice,
post-
hearingbriefing schedule, and Board deliberation does not allow a March
15,
1996,
decision by the Board.
Therefore, the Agency’s motion is denied.
However, the Board will direct the hearing officer in this matter to set this ease for
hearingwithin the next 14 days.
The Board further directs the hearingofficer to hold the
hearing, schedule filing ofbriefs and complete the record sothat the Board may make a
decision in this case by May
16,
1996.
The Board notes that the current decision due date
in this proceeding is September 30,
1996.
IT IS SO ORDERED.
Chairman Claire A. Manning dissents.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution C.o3itrol Board, hereby certify
that the above order was adopted on the
,/-‘~~
day of
c34c4
,1996, by a
voteof______
/1~t~c~
~,
Dorothy M. G~1n,
Clerk
Illinois Polluti~fi
Control Board