ILLINOIS POLLUTION CONTROL BOARD
April
19,
1982
DONALD 3.
HAMMAN,
)
Petitioner,
v.
)
PCB 82—15
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by 3.
Anderson):
The Board’s Order of April 15,
1982 cancelled the hearing
scheduled in this matter for April
23,
1982 based on the Board’s
interpretation of the stay entered February 16, 1982
in
Mathers
et al.v
PCI,
No.
81—740, 741 (consolidated)
(Ill.App.3rd Dist.)
On April
14,
1982,
in response to a motion made by Haminan, the
Appellate Court issued an order clarifying the scope of the stay.
The Court stated that it was its intention to stay construction
pursuant to the issued permit, but not to stay proceedings before
the Board.
Hamman in fact was given explicit authorization to
participate in the scheduled April 23,
1982 Board hearing.
Based on this clarification, the Board reinstates
the
April
23,
1982 hearing date,
and orders that hearing proceed.
As notice of the April
15 cancellation of that hearing date had
not been given, the Board finds that its reinstatement will not
prejudice
the
parties or the public.
IT IS SO ORDERED.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted on
the
/qTA
day of
__________
____,
1982 by a vote of
~
Christan
L.
Mof~9k1t), Clerk
Illinois Pollution~ControlBoard
46—163