ILLINOIS POLLUTION CONTROL BOARD

June

8,

1978

ZIMCO ENTERPRISES,

DIVISION OF

ZINCO METALFAB,

INC.,

Petitioner,

v.

)

PCB 78—104

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Young):

On June

2,

1978, the Respondent filed

a Motion

to

Consolidate this proceeding with PCB 77-276, EPA v.

Zimco Enterurises,

Division of Zimco Metalfab,

Inc.,

and to set aside the stay in PCB 77-276 granted March

30,

1978.

By Order of June

8,

1978,

the Motion to

Consolidate was denied.

In paragraph

2 of the Motion of Juno

2,

1978, Re-

spondent states

as follows:

“However,

the parties have since come to

the conclusion

that the Agency Reconimenda-

tion necessary for

a full

and

fair treat-

ment of the issues presented

by

the

variance

petition, which Recommendation was due on

May 29,

1978,

cannot adequately he orepared

unless and until

the oarties come

to further

agreement concerninq matters raised

in

the

enforcement

action.

Speci

Neal

y,

the

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u 01

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V

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01.-U

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t

011

SI(J recnI(~

iii

betw~on

t ho

it

i

oo

as

to

the

facts

involved

in

the

enforcement

matter;

those

facts are crucial to

a

com-

plete

oresentation

to

the

Board

of

the

issues

involved

in

tue

variance

petition.

The

parties

have

separately

agreed

that

a

docu-

ment

encompassing

those

facts

will

he

forth-

corning

in

the

next

few

weeks

in the form of

a

final

Stipulation of Facts preparatory to

settlement

of

the

enforcement

action.

30

—

125

---

—2—

The Board can only construe such language to be a

request for a stay of the variance proceeding despite the

caption

of

the

Motion.

Since

no

waiver

of

the

Section

39

statutory

90-day

right

to

decision

has

been

filed

by

the

Petitioner

herein,

no

further

delay

will

he

allowed

in

this

matter.

IT IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was

adopte

on

the

~

day of

_________________,

1978

by

a

vote

of

.Q

Christan

L.

Moff

Clerk

Illinois Pollution Control Board