ILLINOIS

POLLUTION CONTROL BOARD

January

6,

1977

CITY OF ROCHELLE,

Petitioner,

V.

)

PCB 76—255

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION OF THE BOARD

(by Mr. Goodman):

The City of Rochelle

(Rochelle)

filed a Petition for Hearing

on Denial

of Operating Permit on October 13,

1976.

Under Rule 502

of the Board~sProcedural Rules the Agency,

upon notice of the

Petition,

is required to immediately file with the Board the entire

Agency record of the permit application.

In this case, however, the

record was not filed with the Board until December 20,

1976, some

68 days after the petition was filed.

Considering the time con-

straints of the notice requirement for the hearing under Section 40

of the Environmental Protection Act, the Board was unable to schedule

a hearing on this matter within the

90 day time limit provided for

in that same Section.

Since no hearing can be held

in this matter and since the infor-

mation presently before the Board

is insufficient for the Board to

make an

informed decision,

the Bonrd will

noL

issue n~fina1

order

in

Lhis

case.

I,

Christan

L,

Moffett, Clerk of the Illinois Pollution ~ontro1

Board,

hereby certify the above Opinion was adopted on the___________

day of~d~~l

1977

by

a vote of

______________________

Illinois Pollution

trol Board

24

—

545