ILLINOIS POLLUTION CONTROL BOARD
April
28,
1977
CITY OF LEROY,
Petitioner,
v.
)
PCB 77-58
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
INTERIM ORDER OF
THE
BOARD
(by Mr. Young):
The Recommendation filed by the Agency on March
24, 1977,
is construed by the Board to be an objection to the grant of
the requested variance.
As stated in Material Service Corp.
v.
PCB
(3rd Dist.
1976)
41 IllApp3rd 1972,
194,
354 NE2d
37:
“It appears obvious that the legislation enacted
by the State legislature requires that a hearing
be granted to petitioner,
in view of the fact that
the Environmental Protection Agency has filed
objection thereto prior
to any action by the
Pollution Control Board.
Obviously,
if the Environ-
mental Protection Agency had filed an objection
after
21 days, but before action by the Pollution
Control Board, it could hardly be consistent with
the objectives of the Act
to have the Pollution
Control Board then say that the Environmental Pro-
tection Agency is too late and that the Board will
simply accept the statements of petitioner as
true,
ignore the Environmental Protection Agency,
and
grant the variance.
Similarly, prior to any action
by the Pollution Control Board, when the Environ-
mental Protection Agency has filed objections,
the
Board could not, consistently, arbitrarily dismiss
the petition, when the Environmental Protection
Act stresses the need for a hearing,
if any objection
is filed before the Board has acted.”
In accordance with Material Service,
this matter
is hereby
set for hearing.
Petitioner
is requested to file a waiver of
the 90-day decision period set by statute so that the hearing
may be held.
25
—
415
.
.
.
—2—
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Interim Order was
adopted on the
,~‘,4
day of
~jj~J
,
1977 by a vote of
x-p.
/
1JUAh~$~
~‘24~j~
~
Christan L. Moffett~~lerk
/
Illinois Pollution Control Board
25
—
416