ILLINOIS POLLUTION CONTROL BOARD

April 10, 1986

MODINE MANUFACTURING CO.,

)

)

Complainant, )

)

v.

)

PCB 85—154

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon an April 10, 1986

motion to appeal the decision of the hearing officer denying a

motion for continuance and a motion to incorporate a prior record

filed on behalf of the Modine Manufacturing Company. Modine

represents that the Illinois Environmental Protection Agency

(Agency) agrees with the motion for continuance. However, there

is no response by the Agency regarding the motion to incorporate.

Given that both parties agree that continuance is necessary

and that hearing is presently scheduled for a date prior to the

next regularly scheduled Board meeting, that motion is hereby

granted. The Board will not, however, decide the motion to

incorporate at this time to allow the Agency an opportunity to

respond. The Board will take such further action as it deems

appropriate when it rules upon the motion to incorporate.

IT IS SO ORDERED.

Board Members B. Forcade and R. Flemal dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

_______________

day of

~

,

1986 by a vote

of

~/—~

.

Dorothy M. G(inn, Clerk

Illinois Pollution Control Board