ILLINOIS POLLUTION CONTROL BOARD

September 19, 1974

FIRST NATIONAL BANK AND TRUST

)

COMPANY OF EVANSTON, Trustee

of Trust

Number

R-1692, and

S.

S. KRESGE COMPANY

PETITIONER

)

v.

)

PCB 74—308

ENVIRONMENTAL PROTECTION AGENCY

RESPONDENT

ORDER OF THE BOARD

(by Mr. Marder)

This matter, coming to be heard on the Joint Motion for Waiver

of Hearing, filed September

12, 1974,

the Board being fully apprised

of the premises herein,

finds

as

follows:

1)

That Sec.

40 of the Environmental Protection Act

(Ill. Rev.

Stat., Chap.

lii 1/2,

Sec.

1040) mandates a hearing in a permit den-

ial case;

2)

That though the parties have waived their right to hearing

in this matter,

it is the intent of the Act that public participa-

tion be allowed and matters aired at a public hearing;

Therefore,

IT IS THE ORDER of the Pollution Control Board that

the Joint Motion for Waiver of Hearing is denied.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, certify that the above Order was adopted by the Board on the

19th day of September,

1974,

by a vote of

5 to

0.

@~Prr1~

13—643