ILLINOIS

POLLUTION CONTROL BOARD

October

25,

1984

CATERPILLAR TRACTOR CO.,

)

Petitioner,

)

v~

)

PCB 83—58

)

83—59

ILLINOIS

ENVIRONMENTAL

)

Consolidated

PROTECTION

AGENCY,

)

)

Respondent.

ORDER OF

THE

BOARD

(by B

Forcade):

On

October

19,

1984, Caterpillar Tractor Company (“Cater—

pi11ar~)filed a motion for continuance, the Agency was represented

as having no objection.

First, the Board

categorically rejects Caterpillar’s request

that this 1983 permit

appeal be held in abeyance pending resolution

of the 1984 regulatory

proceeding, R84—28.

The issue in a

permit appeal is whether

or not, based upon the facts of the

application before

the Agency, the applicant has provided proof

that the activity

in question will not cause a violation of the

Act or the Board’s regulations. Q~~yer,

PCB 78—14,

30 PCB

397

(June

8,

1978),

Subsequent regulatory activities are irrelevant

to issues presently

before the Board.

Second, Caterpillar’s request

to modify the hearing date is

granted,

but very reluctantly.

The Board is firm in its conviction

that this matter will

either proceed to hearing ex editiousi

or

it will be dismissed,

If the hearing officer is not adv sed by

the parties of a

reasonable hearing date, then the hearing officer

is clearly

authorized to unilaterally set the hearing by 35 Ill.

Adm. Code 102.122 and

102.160, as a method of avoiding delay.

Here, the hearing

officer’s actions were not only authorized,

they were clearly

appropriate.

The Board directs

that a hearing be scheduled within 10 days

of the date of this

Order and held within 40 days,

If the parties

cannot provide

reasonable dates within this time frame, the

hearing officer

is

directed to set hearing dates unilaterally.

IT

IS

SO

ORDERED,

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify th t

the above Order was adopted on the

~

day of

_____________,

1984 by a vote of

_____________

Illinois Pollution Control Board