ILLINOIS POLLUTION CONTROL BOARD

March

14,

1972

LLOYD A FRY ROOFING CO.

v.

)

#

71—4

ENVIRONMENTAL PROTECTION AGENCY

REVEREND LOUIS

HEMMERICH

V.

)

~

71—33

LLOYD

A

FRY

ROOFING

CO.

ENVI RON MENTAL

PROTECTION

AGENCY

v.

)

It

72—85

LLOYD

A

PRY

ROOFING

CO.

Order

~

the

Board

(by

Mr.

Currie)

Our

earlier

order

in

two

of these cases

among other

things

erovided

for

an

additional

hearing

to

be

held

after

the

installation

of

initial

control

equipment

in

order

to

determine

whether

or

not

it

was

sufficient

to

eliminate

the

odor

nuisance.

Fry

having

reported

this

installation,

we

have

scheduled

that

hearing.

Fry

wrote

to

the

Hearing

Officer,

disouting

our

jurisdiction

to

hold

the

hearing

because

of

a

pending

appeal

from

our

original

order.

The

filing

of

an appeal does

not oust

us

of

jurisdiction,

and an application for stay pending appeal

was

denied

by

the

Appellate

Court.

We

construe

the

letter

as

a motion for dismissal or postponement

of the hearing,

and

hereby deny

it.

The hearing will proceed.

Meanwhile

the Agency has filed

a new complaint against Fry

with

resr~ectto alleged construction without

a permit.

A hear-

ing

is mandatory,

and the Agencv~smotion to consolidate

the

new

case with

the

old

is hereby granted

in order to economize

time and effort

for

all concerned.

I,

Christan

Meffett,

Clerk of the Pollution Control Board, certify

that

the

Board

adopted

the above Order this

14th

day of March,

1972,

by

a vote

of

4—0.

4

—