ILLINOIS POLLUTION CONTROL BOARD

June

8,

1978

RALPH KORTE

CONSTRUCTION COMPANY,

Petitioner,

v.

)

PCB 78—103

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Dumelle):

On June

2, the Agency moved the Board

to consolidate this

matter with PCB 77-275.

The motion

is hereby denied.

In

pàr~graph

2

of the Motion of June

2,

1978,

Respondent

states as follows:

However,

the parties have since come

to

the conclusion that the Agency Recommendation

necessary for a full and fair treatment of

the issues presented by the variance petition,

which Recommendation was due on May 25,

1978,

cannot adequately be prepared unless and until

the parties come

to further agreement concerning

matters raised in the enforcement action.

Speci—

Lically,

the Agency cannot

in good

faith take a

position on the proposed variance without having

before

it

an agreement between the parties

as to the facts involved in the enforcement

matter;

t:ho~efacts arc

c’ruc~

~i

1

to

a camp

I ete

prc~en

t

at ion

to

I:hc

J3oard a

I

t

lie

i ~i~e~

i tivoived

in

the

variance

petition.

The

parties

have

separ-

ately

agreed that a document encompassing those

facts will be forthcoming in the next few weeks

in the form of a final Stipulation of Facts prepa-

tory to

settlement of the enforcement action.

The Board can only construe such language to be a request for

a stay of the variance proceeding despite the caption of the

Motion.

3Q

—

~i23

---

—2—

Since no waiver of the Section 39 statutory 90—day. riaht

to

decision

has

been filed by the Petitioner herein,

no

further

delay

will

be

allowed

in

this

matter.

IT

IS

SO

ORDERED.

I,

Christan

1.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

B~ard,

hereby

certify

the

above

Order

was

adopted

on

the

~

‘

day of

~

,

1978

•by

a

vote.

___

Ct~4~Mofe’~

~

Illinois Pollution C

ol Board

30— 424