ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    August
    2~ 1984
    INTERLAKE,
    INC.,
    Petitioner,
    V.
    )
    PCB
    84—41
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    D.
    Dumelle)
    On April
    4,
    1984, Interlake,
    Inc.
    filed
    a petition for
    review of an Illinois Environmental Protection Agency (Agency)
    permitting decision.
    Hearing was authorized on April
    5,
    1984,
    but no hearing has been scheduled or he~d. Pursuant to Section
    40(a)(2)
    of the Environmental Protection Act, Board decision was
    due on or before July 5,
    1984.
    On July 13, 1984,
    the Board
    received an affidavit from its hearing officer who was assigned
    this proceeding that he had attempted at least three times to
    establish a hearing date with attorneys and or paralegals who
    were involved with this case on behalf of Interlake,
    but that he
    was unsuccessful in obtaining possible dates.
    On July 31,
    1984,
    two attorneys and a paralegal involved with this case on behalf
    of Interlake filed affidavits as to their good faith efforts to
    cooperate with the hearing officer in this ~.natter,
    Absent actions on behalf of petitioner which either explicitly
    ~wive or which so impede
    the proceedings as to constitute an
    ~mplicit waiver and in the absence of circumstances which render
    a
    timely
    hearing impossible,
    the final responsibility to insure
    that a timely hearing is held rests with the Board
    (see Marquette
    Cement Manufacturing Company. v. IEPA and IPCB,
    84
    Ill. App.
    3d
    192,
    405 N.E.2d 512
    (1980)),
    Therefore,
    Interlake may now ~deem
    the permit issue& pursuant to Section 40(a)(2), and this docket
    is her’~byordered to be closed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the ab~ Order was adopted on the
    ___________dayof~,
    1984 bya vote
    Dorothy M. ~nn,
    Clerk
    Illinois Pollution Control Board
    59-269

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