ILLINOIS POLLUTION CONTROL BOARD

April

9,

1992

THE CELOTEX CORPORATION,

)

Petitioner,

v.

)

PCB 90—197

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by N.

Nardulli):

On March 30,

1992, Celotex filed a motion for continuance of

the hearing then set for April

1,

1992.

On the same day, the

Hearing Officer by letter cancelled the hearing and directed the

parties to contact him to set a status call.

The Board agrees that hearing was appropriately cancelled in

this case.

The basis for the motion was the Agency’s issuance of

adraft NPDES permit which would resolve the issues in this

matter.

The parties hive,

in essence, requested a stay of this

proceeding to allow completion of the public notice and comment

procedures of 40 CFR 124.

The Board will accordingly stay this

proceeding through October

1,

1992.

However, given the age of

this case, the Board further directs that,

in the event

petitioner has not moved to dismiss this action on or before

October

2,

1992, the hearing shall be scheduled by October 16,

1992,

and held by

Decenther

16,

1992.

If hearing has not been

timely scheduled and held, the petition will be subject to

dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Bo.ard, hereby certify that,the above order was adopted on the

‘t~iKi day of _______________________, 1992,

by

a vote of

7

~—i~orothyN. G~n, Clerk~

Illinois Po)~941tionControl Board

132—19