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UNITED STATES 
ENVIRONMENTAL PROTECTION AGENCY



BEFORE THE ADMINISTRATOR








IN THE MATTER OF             )
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CITY OF ROCHESTER, MI,       )    DOCKET NO. 5-CWA-97-026                                         
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         RESPONDENT          )










ORDER DENYING COMPLAINANT'S MOTION FOR ACCELERATED DECISION


	The Complainant's Motion for Accelerated Decision dated
November 19, 1998, is denied as untimely.  The hearing in this
matter is scheduled to begin on December 1, 1998, in Lansing,
Michigan.  The Complainant's filing of the motion for accelerated
decision at this late date does not provide sufficient time to
allow for a response from the Respondent and a decision by the
Administrative Law Judge in advance of the hearing.  See Sections
22.07, 22.16 of the Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties and the Revocation or
Suspension of Permits, 40 C.F.R. §§ 22.07, 22.16.


	The parties are encouraged, however, to reach stipulations to
undisputed facts in order to narrow the issues for hearing.⁽¹⁾  The
Regional Hearing Clerk has confirmed that the hearing, which is
scheduled to begin on December 1, 1998, and to continue if
necessary through December 3, 1998, will be held at the Post Office
Federal Building (Across from State Capital), 315 W. Allegan,
Basement Level Conference Room, in Lansing, Michigan.   


						Original signed by undersigned

						_________________________________

						Barbara A. Gunning

						Administrative Law Judge


Dated:    11-20-98   

       Washington, DC









1.   The Order Rescheduling Hearing entered on July 29, 1998,
directed the parties to file a joint set of stipulated facts,
exhibits, and testimony on or before November 13, 1998.
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