ILLINOIS

~‘OLLUTION CONTROL BOARD

January 27,

1983

JOHN L,

DONOVAN,

petitioner,

V.

)

PCB

81—134

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by D.

Anderson):

On January

10, 1983

the

intervenors filed a motion to

dismiss this variance request, citing delays in the filing

of

the transcript, exhibits and brief by the petitioner.

The

transcript was filed prior to the filing of the motion,

and the exhibits and brief

were

filed on

January

12,

1983.

On January 20 petitioner

filed

a “motion to dismiss” the motion,

and on January 24 the intervenors filed a 1’response”.

These

are deemed to

be a

response and a reply, respectively, and

the intervenors are granted leave to reply

35

Ill. Mm.

Code

103.140(c).

In that the

case

is nearly ready for decision, the Board

will consider the grounds

alleged

for dismissal in connection

with its decision of the

case.

Intervenors and the Illinois

Environmental Protection Agency

shall have until March

4,

1983

in which to

file briefs.

IT IS SO

ORDERED.

I,

Christan L. Noffett, Clerk of the Illinois Pollution

Control Board, hereby certify

that

the above Order was adopted

on the

ç)7tL

day of

~,

1983 by a vote of

________

/

i

/

_)~

yf

Christan

L.

Moffe1~t,Clerk

Illinois Pollution Control Board