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

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