ILLINOIS ~OLLUTION CONTROL BOARD
September
5,
1985
CLASSIC FINISHING CO.,
INC.,
Petitioner,
v.
)
PCB 84—174
Docket B
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCI,
)
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
On August 26,
1985,
the Agency moved
for
an extension of
time until September 20, 1985
to file an amended Recommendation
in this matter,
citing
its need to make
a decision whether
to
issue
the Alternative Control Strategy permit which Classic had
proposed as part of its compliance plan.
Classic filed
a
response
in opposition August
29,
stating that further
investigations and calculations had been made since
the filing of
its most recent petition.
Classic stated that
it will
not seek
such
a permit as part of
a now altered compliance strategy and
r~equestirig that the amended Recommendation be filed
in advance
of
the scheduled September
19 he~rinq.
By filing
of September
4,
the Agency requested leave to
teply
to Ciassic~sresponse~which
leave
is granted.
The Agency
asserted
that the alteration of the compliance plan alluded
to by
Classic
in its
response constitutes an ~important material
changet’
in
its petition
which
should be presented
in writing
in
an amended petition.
The Board agrees.
Classic shall file an amended petition
within
45 days of
the date
of
this
Order, or this action will
be
subject to dismissal,
As the amended Agency Recommendation,
if
not the amended petition, cannot
realistically be filed
in
advance of the scheduled September 19 hearing, that hearing
is
cancelled to avoid futile expenditure of
resources.
The Heariny
Officer,
after consultation with the parties,
shall reschedule
hearing as early as
is practicable.
IT
IS
SO ORDERED.
85-415
—2—
I, Dorothy
1.
Gunin, Clerk
of the Illinois Pollution Control
Board,
hereby certify th
t
the above Order was adopted on
the
~
day of _______________________,
1985, by
a vote
Dorothy
M. ,~unn, Clerk
Illinois Pollution Control Board
65-418