ILLINOIS POLLUTION CONTROL BOARD
April 28, 1977
TRUST
#182, CRAWFORD COUNTY STATE
BANK,
ROBiNSON,
ILLINOIS,
)
(FAIRFIELD LAMPLIGHT MANOR
APARTMENT COMPLEX), and
CITY OF FAIRFIELD,
Petitioner,
)
PCB 76-324
v.
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
INTERIM ORDER OF THE BOARD
(by Mr.
Zeitlin):
This matter is before the Board on an Amended Petition for
Variance filed by Petitioner City of Fairfield on January 20,
1977.
The Environmental Protection Agency’s Recommendation was filed on
March
3,
1977,
and a hearing was held
in the matter on March
23, 1977,
in Fairfield,
Illinois.
The City of Fairfield was present at that
hearing,
as a party, pursuant to an Interim Order of the Board
entered March 17,
1977, directing that the City be joined.
Rule 412(a)
of the Board’s Procedural Rules requires that,
“A
complete stenographic transcript of the proceedings of the hearing...”
be provided by a variance petitioner.
Contrary to that Rule,
no
stenographic transcript was provided by Petitioner.
Instead, the
Petitioner
taped the proceedings at the March
23,
1977, hearing and
transcribed those tapes;
that transcription was received by the
Board on April 20,
1977.
If Petitioner does not cure
the existincj defect
in the record
resultinq from violation of Procedural
Rule 412(a),
(see waivers
filed April 14 and 28,
1977), the case on May 12,
1977,
shall be
considered for dismissal.
Petitioner may
file an appropriate waiver of the 90—day decision
period,
pending receipt of
a transcript complying with Rule 412(a),
or an appropriate motion under Rule 412 (b).
Inasmuch as such action
would require another hearing in this matter, Petitioner may,
alternatively, waive a hearing under Procedural Rule 401(b),
and
request decision on the pleadings.
IT IS SO ORDERED.
25
—
395
—2—
I, Christan L. Noffett, Clerk of the Illinois Pollution
Control Board, hereby cer ify the above Interim Order w~sadopted
on the
4~~”
day of
_________,
1977, by a vote of
~L.p
Christan L.
Moffe’tt,
(ç’~k
Illinois Pollution Coh~t’o1Board
25-396