ILLINOIS POLLUTION CONTROL BOARD

March 14, 1986

H~LLVIEWFARMS FERTILIZERS,

INC.,

Petitioner,

v.

)

PCB 86—18

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

and

PEOPLE OF THE STATE OF

ILLINOIS,

Intervenors.

ORDER OF THE BOARD (by

J.

Anderson):

There are two motions pending in this matter: the Attorney

General’s February 6, 1986 motion to dismiss this appeal and the

Agency’s March 11 motion for extension of time in which to file

the balance of the lengthy record in this matter.

The Board notes that the Agency has filed no response to the

filings of the other parties concerning the motion to dismiss,

despite the direction to do so in the Board’s Orders of February

14 and 26. The other parties’ arguments are premised on various

factual assertions which either are not wholly verified or are

not entirely clear to the Board, including facts as to the

existence and expiration dates of recent or current permits as

well as permit applications/reapplications and the Agency’s

treatment thereof. The Board will therefore deny the motion to

dismiss at this time; however, at hearing the Board orders the

Agency to respond to the various pleadings concerning the motion

to dismiss. The Attorney General may renew his motion at or upon

completion of hearing.

The Agency’s motion for extension of time to file the

balance of the record is granted, such filing to be made on or

before April 3, 1986.

IT IS SO ORDERED.

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—2—

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

Board, hereby certify that the above Order was adopted on

the /-A2~day of ~

,

1986, by a vote of 7—~

4

~___

Dorothy M. G~Ønn, Clerk

Illinois Pollution Control Board