ILLINOIS POLLUTION CONTROL BOARD
    February 28, 1974
    INTERLAKE,
    INC.,
    Petitioner,
    v.
    )
    PCB 73—462
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER
    (By Mr.
    Flenss)
    On February 11,
    1974 Petitioner filed Motion for
    Default alleging that the Agency’s failure to file
    Recommendation was in violation of Statute and Regulation
    and has made it impossible to proceed with the case.
    Subsequently on February 25, 1974 the EPA did file its
    Recommendation.
    The Recommendation was late by any standard.
    It was filed 116 days after the variance petition,
    67 days
    after an order of the hearing officer stated that the “absence
    of the Agency’s Recommendation has made it impossible
    to
    proceed”, and 14 days after the Motion for Default.
    We do
    not condone the delay caused by the Agency.
    Nevertheless the Motion for Default will be
    denied.
    We cannot decide these cases as if they were merely
    private disputes between the Petitioner and an individual
    Respondent.
    The rights of
    the public are to be protected and
    we do not wish to preclude input
    t,o this action which may
    bear upon the rights of
    the public.
    Therefore we will consider
    the information submitted by the Agency along with information
    submitted by Respondent in making our decision.
    If the lateness of filing has caused some prejudice
    to Petitioner
    in the handling of its case we will entertain
    an appropriate motion for continuance ~in order to give
    reasonable time for the preparation of Petitioner’s evidence.
    11
    —
    389
    It is ordered that the Petitioner’s Motion for
    Default be denied.
    I, Christen L~Moffett~ Clerk. of the Illinois
    Pollution Control Board, hereby certify that the
    above
    order
    was
    adopted
    onthe 28th dcv of February,
    1974
    by
    a
    vote
    of
    5
    to
    O~
    ~&L~1erk
    Illinois ~?olluti
    ontrol Board

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