111 ~LVIEW FARMS,

1

Petiti

er

ENVIRONMENmAL PROPE

PT~

~f~J

~1espudent

~n July ~5

1

74

Fil a~ew~rms

bc

pursuar

Section 40 of

ti-a

~r‘ironmertal

r tactioi Ae~ Act

ett-i

ed

~he P lluLoo Ccrtrol

H aid

noamd

for

~ raw of

e Lnv~r

~enta

r ~ection

a ic”

1gaic~

Je

c~l

f

C

O~6

itiro

Jn

July

30

13

4

~he iceic; moved

flat Je pa nit

pp ~ca-

tion

I Petittoner

now a oart

I ~he ~e~ord

~.

EPAvM~i-u.

PCB

3-109

oe

rade

i

part

it

this pro~eein~.

‘he ame a

ass

roved

hat the °eutior for Revtew

f Htl ‘~amFairs

In~,be

r

~is~ed for lick of ~pecit~ci~

r that

~et_tione

mend

hi-

~etit~on to give ~esuondent sutr~ien notice to mr~pare

it~

defense

9e crant Resporfent

s Motsor

o lr~rporate Permit Appltca-

ti n aid order Pet :ioner to fife an amended Petition Far Permit

Review.

Petitioner

s permit application, nresently with the

record of EPAv

May ~il

PCB

3-103,

i~

rncorpara~ed

ii

Lo thi~

cause to the extent mat

it can

e obtaine

from Appeliate ~o4rt

PIso

Petitioner

is ordered to amend his PetiLion For Fermt Review

ard pleac facts surficiently definite for Respordent to prepare its

defense.

NhilL

~e have no inclination to tell Petitioner how to

plead under Illinois law

it should be clear that Respondent

s

ertitled to kno~what particular factual or ~ega~ issues regarding

the permit denial are to be raised at the hearing

For example

concerning the letter of permit denial of June 24, 1974, what

factual conclusion

of the Agency does the Petitioner deny or intend

to refute.

If Petitioner admits all of Respondent~sconclusions of fact,

it must indicate the questions of law it will submit to the hear-

ing officer in its brief at the

hearing.

Respondent has 10 days

after the hearing to respond to Petitioner~sarguments.

Hillview Farms,

Inc. shall amend its petition

within

35

days of the adoption

of this

Order or

be dismissed for failure to

state a cause of action.

Petitioner~sright to amend his Petition

For Permit Review is conditional on

his

waiving for an additional

90 days the requirements

of

final Board action under Section

40 of

the Act.

13

—

337

---

IT

IS

SO

ORDERED.

I. Christan L. Moffett~Clerk

of

the Illinois Pollution Control

Boards

hereby

certify~

that

the

above

Order

was

adopted

on

the

~

day

of

1934,

by

a vote of

~

to

j~.

(1

~of~

13

—