ILLINOIS POLLUTION CONTROL BOARD
    July 19, 1973
    )
    BENJAMIN HARRIS ~ COMPANY
    )
    )
    )
    v.
    )
    PCB 73-215
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    PRELIMINARY ORDER OF THE BOARD (by Mr. Dumelle)
    On May 23, 1973 Harris filed a petition for variance with the
    Board. On
    May
    24, 1973 the Board authorized a hearing in the case.
    The case was assigned to a hearing officer who set the hearing for
    July 12, 1973. On July 10, 1973 the Agency filed its Recommendation;
    this was 48 days after the petition for variance was filed. On
    July 12, 1973, Harris filed a motion with the Board requesting that
    the Agency’s recommendation be stricken as being untimely filed and
    also that the Agency be precluded from introducing any evidence at
    the
    hearing in support of any of the new matters contained in its
    recommendation.
    Section 3.7 of the
    Act
    provides in part that:
    “If
    the
    Board, in its discretion, concludes that a hearing
    would be advisable, or if the Agency or any other person
    filed a written objection to the grant of such variance
    within 21 days, then a hearing shall be held..
    We
    interpret that language to mean only that in order to make a
    hearing
    mandatory in a variance case, an objection must be filed
    within 21
    days. We do not interpret it to mean that the recommendation
    must be stricken if filed after 21 days. In this particular case the
    question is moot because we have already, in our discretion, ordered
    a hearing on our own motion. The motion to strike will therefore be
    denied.
    As to the petitioner’s second request, we do not believe it
    necessary to limit the Agency’s proof at the hearing. However, if the
    petitioner feels that they were prejudiced at the hearing because of
    the short
    amount of time between the date of the Recommendation and
    the date of the
    hearing, we will allow petitioner the opportunity
    of an additional
    hearing
    if they so desire.
    8—
    555
    -2-
    We
    will allow petitioner 10 days within which to request such
    hearing. If none is requested we will merely take the case under
    advisement and render a final decision.
    IT IS SO ORDERED.
    Mr. Lawton did not participate in the discussion or decision
    of this matter.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify
    the above Preliminary Order was adopted on the
    ,q’-~day of Jtlly, 1973 by a vote of
    ____
    3—0
    Christan L. Moffett, Clerk
    Illinois Pollution Control Board
    8— 556

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