ILLINOIS POLLUTION CONTROL BOARD
    October 14, 1982
    JOHN
    L.
    DONOVAN,
    Petitioner,
    v.
    )
    PCB 81—134
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On August
    21, 1981 John C.
    Donovan filed this petition for
    a variance from Chapter
    8:
    ~oise Pollution.
    Citizens,including
    Marjorie Ferrill, Loren Otto, Kathryn Otto, Greg Otto, Karen Otto,
    Dean Yoder and Phyllis Yoder,
    filed objections to the variance.
    On
    October
    2,
    1981 these objectors filed
    a petition for leave to in-
    tervene.
    The Board hereby grants these objectors leave to intervene.
    A public hearing was held on March
    24,
    1982.
    Under 35
    Ill.
    Adm.
    Code 104.202 the transcript was
    to have been filed within
    15 days.
    It has not yet been filed.
    The delay serves as an au-
    tornatic extension of the 90—day decision period of Section 38 of
    the Environmental Protection Act.
    On September 20,
    1982 the intervenors
    filed a motion to
    dismiss, supported by affidavit, alleging that the transcript
    was in fact completed on June
    1,
    1982, that Donovan’s attorney
    obtained a copy of the transcript on July
    1,
    1982 and that these
    facts have caused unreasonable delay which has inconvenienced
    the intervenors.
    Interv~nors state that Petitioner’s blasting
    operations have continued
    in violation of Board regulations
    without a variance during the period of delay.
    Petitioner
    has filed no response.
    Unless Donovan files the transcript within 15 days of the
    date of this Order or shows good cause why
    it has not been and
    cannot be so filed, this variance petition will be dismissed
    with prejudice.
    IT
    IS SO ORDERED.
    Board member
    I. Goodman dissented.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control ~qard, hereby cq.rtify that the above Order was adopted
    on
    thel’/”_day
    of
    -6~-”-L~
    ,
    1982 by a,vote of~j~.
    Christan
    L.
    Moffett, ~t)~erk
    Illinois Pollution Control Board
    49-153

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