ILLINOIS POLLUTION CONTROL BOARD
    October
    5,
    1982
    DONALD
    J.
    HAMMAN
    )
    Petitioner,
    PCB 82—15
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On September 22, 1982 Intervenors
    in this matter filed
    a
    petition to dismiss and to void permit or in the alternative
    to immediately rule on motions to continue, stay and issue
    subpoena which were filed with the Board on May 21,
    1982.
    A motion for expedited consideration was filed on September 24,
    1982 by Donald J.
    Hamman.
    Hamman’S motion for expedited consideration is hereby
    granted while all of Intervenors’ motions are denied.
    The
    Board does not accept the Intervenors’
    reasoning that the
    Appellate Court’s Order concerning PCB 80-153 effectively voids
    the developmental permit issued December
    31, 1981 for the site
    at issue here.
    All that Order and the Board’s September 15,
    1982 Order purport to do is to require the Illinois Environmental
    Protection Agency (Agency) to issue a developmental permit with
    an added condition regarding the upgrading of 111th Street.
    That condition is immaterial with respect to this action, and
    to hold that such modification of the permit voids the previous
    permit and,
    therefore, moots this action which attacks that permit,
    would require that
    the identical action be refiled under
    a different
    docket number,
    causing unnecessary delay and elevating form over
    substance.
    Further,
    Intervenors’ request for an immediate decision
    on the May 21,
    1982 motions is premised upon its concern that
    failure to so rule could cause the permit to issue by operation
    of law.
    Such fear is unwarranted in that the decision date was
    extended
    by
    Hamman
    until
    90 days
    from Lhe date that the Appellate
    Court
    rendered its decision concerning PCB 80—153.
    The Board
    determines this to have occurred on September
    3,
    1982, the dat’?
    of mandate issuance,
    thus making the decision date December
    6,
    1982.
    Despite Intervenors’
    apparent misunderstanding of the
    decision date, the Board hereby rules upon those motions and
    49-33
    2
    denies them since the right to a decision runs to Hamman,
    and
    the Intervenors’ must accept the case at the point they enter
    it
    .
    While
    it was within the hearing officer’s discretion to
    allow a continuance, the Board upholds his denial.
    Intervenors intervened after discovering that the Board
    had denied their motion
    to dismiss for lack of standing in
    the context of a ~‘SpecialLimited Appearance” contesting the
    jurisdiction of the Board to hear this case.
    The Board has now
    rejected that jurisdictional argument,
    The only other argument
    advanced for continuance is the desire to examine Thomas Cavanagh,
    the Agency Manager who signed the permit, apparently to
    determine his thought processes.
    While some testimony of
    that sort might be relevant, the prejudice caused to Hamman by
    further delay outweighs its likely probative value,
    and denial
    of continuance was proper, thus rnooting the motion for issuance
    of a subpoena.
    To avoid further delay the Board hereby grants Hamman’s
    motion for expedited consideration.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control ~Q~ard,hereby cer
    ify
    that the above Order was adopted
    on the
    ~—
    N~day of
    ~
    ____•,
    1982 by a vote
    of~ç1
    __
    Illinois Poll
    ntrol
    Board
    49-34

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