ILLINOIS POLLUTION CONTROL BOARD
    May 7,
    1992
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 90—89
    (Enforcement)
    FRED JOHNSON, JOHNSON & BRIGGS
    )
    (Consolidated)
    TANK
    TRUCK SERVICE, a/k/a
    )
    JOHNSON & BRIGGS
    TANK
    TRUCK
    )
    & HEATER SERVICE,
    )
    )
    Respondent.
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—123
    )
    (Enforcement)
    HERMAN
    L.
    LOEB,
    )
    (Consolidated)
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by B. Forcade):
    This matter comes before the Board on a May 1, 1992 motion to
    continue the deadline for hearing in this matter filed on behalf of
    the Environmental Protection Agency.
    The motion
    asks that the
    Board
    vacate
    its
    April
    9,
    1992
    order
    which directed
    that
    the
    hearing officer set this matter for hearing by May 11,
    1992 and to
    finish all hearings by July 15,
    1992.
    The Attorney
    General’s Office
    (AGO),
    which
    represents
    the
    Agency in this matter, asserts that the attorney assigned to this
    case
    received the case several months after the former Assistant
    Attorney General handling the matter resigned from his position
    with the office.
    The AGO also asserts that the attorney assigned
    to this matter will be out of the country for most of the month of
    June
    and
    will
    be
    unavailable
    for
    a
    hearing
    at
    that
    time.
    Additionally, the AGO has consulted with the hearing officer, and
    the hearing officer will not be available for a hearing during the
    first two weeks of July.
    Finally, the AGO asserts that the parties
    are
    attempting
    to
    negotiate
    this
    matter
    in
    order
    to
    reach
    a
    settlement rather than hold a hearing.
    The Board notes with concern the substantial delay
    in the
    proceedings of this matter caused by the AGO’s actions.
    Not only
    did the AGO fail to assign this case for several months after the
    133—219
    2
    former Assistant Attorney General resigned, but the AGO eventually
    assigned this case to an attorney who is unavailable at the time
    set forth in the Board’s April 9,
    1992 order.
    However,
    it
    is axiomatic
    that the
    law
    favors
    settlement.
    Therefore, the Board will reconsider its order of April
    9,
    1992,
    and the Board will vacate the order setting this matter for hearing
    by May 11, .1992.
    The Board directs the hearing officer to schedule
    this
    matter
    for
    hearing
    by
    June
    15,
    1992,
    and to
    finish
    all
    hearings by August 30,
    1992.
    The hearing officer is also directed
    to set a post—hearing briefing schedule if required.
    Failure to complete hearings according to this schedule may
    subject this proceeding to dismissal for want of prosecution.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    Jiereby certify that the above
    order was adopted on the
    __________
    day
    of
    7~h6_7
    ,
    1992,
    by
    a
    vote
    of
    ~
    ~
    Thorothy M. ~nn,
    Clerk
    Illinois Po~L1utionControl Board
    133—2
    20

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