ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    AMOCO OIL COMPANY,
    )
    (CREVE COEUR TERMINAL)
    )
    )
    Petitioner,
    v.
    )
    PCB 91-10
    )
    (Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.T.
    Girard):
    In its January 18,
    1991 petition, Amoco had requested that a
    hearing be held in this matter.
    Due to inactivity in the docket,
    on April
    9,
    1992 the Board directed that hearing be scheduled by
    May
    11 and
    completed
    by July
    15,
    1992
    or
    the matter
    would
    be
    subject to dismissal.
    Hearing was accordingly scheduled for June
    29—30,
    1992.
    On June 10, 1992, the Agency filed a motion for leave to file
    its reconunendation instanter.
    In support thereof, counsel for the
    Agency
    states
    he
    was
    assigned
    this
    case
    when
    he
    entered
    the
    Agency’s
    employ
    on
    February
    18,
    1992,
    and that the Agency
    was
    waiting for information received on May
    21,
    1992.
    The Agency’s
    recommendation is in support of grant of variance.
    In addition, on June 18, 1992, Amoco filed a waiver of hearing
    and requested that the hearing scheduled for June 29-30,
    1992 be
    cancelled.
    In
    light
    of
    the
    favorable
    recommendation,
    Amoco
    “believes that the most efficient approach would be for the.
    .
    .Board
    to decide this matter on written submissions”.
    The
    Board
    first
    notes
    that
    it
    is
    concerned
    about
    the
    significant delay
    in
    filing
    the recommendation.
    The Board
    also
    notes with concern the absence of any earlier motion requesting an
    extension of time.
    Because the Act requires the Board to consider
    the Agency record
    in making
    its decision,
    the Agency’s motion to
    allow
    filing
    of
    the
    Agency
    recommendation
    instanter
    is
    hereby
    granted.
    Further, the Board declines to cancel the hearing at this late
    date.
    The hearing has already
    been
    noticed,
    and members of the
    public may well have relied on Amoco’s original hearing request in
    determining whether to object to this variance petition.
    134—303
    2
    The request to cancel hearing is denied and the motion to file
    instanter is granted.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,., hereby cert
    y that the above order was adopted on the
    ~
    day of
    _________________,
    1992, by a vote of
    7—c
    1~)
    Dorothy M.~unn, Clerk
    Illinois ~6llution Control Board
    134—304

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