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