ILLINOIS
    Por~LnTroM
    CONTROL
    BOARD
    .Tune 2~
    1984
    CITY
    OF
    MT
    -
    OLIVE,
    )
    Petitioner,
    v.
    )
    PCB
    83—9
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY AND MACOTIPIN
    COUNTY
    HOUSING
    AUTHORITY..
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by J. Anderson)
    On June 15.
    1984,
    the Board received the mandate of the
    Fourth District Appellate Court in Macoupin Coun~y_Housing
    ~uthor~v.IPCB,IEPA,_and
    City_of
    Mt.
    olrve,
    Gem.
    No,
    T-83~-O7~
    May
    7,
    1984.
    The Court reversed arid remanded the action for
    the
    purpose of holding a hearing.
    While it
    is unclear whether the 90 day decision deadline
    of
    Section 38(a)
    of the Act applies to this action on remand-
    the
    Board will attempt to render its decision on or before
    September 13. the 90th day following the Board’s receipt of
    the
    remand. unless of course
    a waiver of any otherwise applicable
    decision deadline is received or the clock
    is restarted by the
    filing of an amended petition.
    In order to meet this schedule,
    the Board directs
    that hearing be scheduled on or before July
    13
    and held on or before August
    13,
    1984.
    rfhe Board notes that.
    since the record in this case is
    nearly a year old,
    it may not accurately reflect current water
    usage figures at the housing pro-~ect. the treatment capability
    and
    performance of the South Plant or the status
    of
    the City’s
    progress under the construction grant program.
    Additionally,
    the
    Board notes that, at p.
    3 of the slip opinion, the appellate
    court infers that the Housing Authority would have been more
    correctly joined as a petitioner rather than a respondent.
    The
    Board suggests that the issues at hearing would be brought into
    sharper focus by the early filing of an amended petition
    supplying supplemental information
    and
    correcting any
    misalignment of parties.
    IT IS SO ORDERED.
    58-437
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ~
    day of
    ~
    -
    ,
    1984 by
    a vote of
    .5-c’)
    4~J
    ~
    -‘..
    ~-.
    Dorothy M.
    7’Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    58-438

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