ILLINOIS POLLUTION CONTROL
    BOARD
    February 24, 1983
    DANIEL HERELEY d/b/a, Herley Grain Company,
    )
    )
    Petitioner,
    v.
    I
    PCB 81—138
    PCB 82—34
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by I. Goodman):
    On February
    10, 1983 the Agency filed a Motion to Dismiss
    the variance petition and
    permit
    appeal
    filed
    by Petitioner in
    this matter.
    The Agency alleged that
    Petitioner’s undue dilatory
    tactics in proceeding in both matters allowed the operation in
    question to continue unpermitted.
    On February 23, 1983 Petitioner
    responded that the delays were due to negotiations and efforts to
    coordinate these proceedings with a regulatory proposal filed by
    the Grain and Feed Association, R82—20.
    In the response,
    Petitioner also agreed to submit the outstanding Interrogatories
    to the Agency on or about March 1, 1983 and to conduct the hearing
    on or about March 24, 1983.
    With the assurance that these matters
    will proceed and conclude in the near future, the motion is denied.
    Discovery should be completed no later than March 1, 1983 and
    hearing held no later than April
    1, 1983.
    IT IS SO ORDERED.
    Board
    Member 7. Anderson concurred.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Bqa~d,hereb
    ertify that the above Order was adopted
    onthe
    iC~•
    da~of_..cA1A.cL~~_
    ,
    1983byvoteof~.”c!
    ~
    ;~~t
    Christan L~Moffet?,/Clerk
    Illinois PollutionMontrol Board
    51-187

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