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UNITED STATES 
ENVIRONMENTAL PROTECTION AGENCY



BEFORE THE ADMINISTRATOR










IN THE MATTER OF                )
                                )
HENRY VELLEMAN,individually,    )   DOCKET NO. 5-CAA-97-008
AND d/b/a PROGRESSIVE           )
POLETOWN PROPERTIES,            )
                                )
                                )
                   RESPONDENT   )












ORDER DENYING COMPLAINANT'S MOTION FOR ACCELERATED DECISION

	The Complainant's Motion for Accelerated Decision on the Issue
of Liability for Counts I Through IX of the Complaint filed on
March 4, 1999, is denied as untimely.  The hearing in this matter
is scheduled to begin on March 23, 1999, in Detroit, 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 March 23, 1999, and to continue if necessary
through March 25, 1999, will be held at the Theodore Levin U.S.
Courthouse, Courtroom #602, 231 W. Lafayette Boulevard in Detroit,
Michigan.   
                     Original signed by undersigned

                        _________________________________

                        Barbara A. Gunning

                        Administrative Law Judge


Dated:     3-4-99    

       Washington, DC














1.   The Order Rescheduling Hearing entered on November 2, 1998,
directed the parties to file a joint set of stipulated facts,
exhibits, and testimony on or before March 12, 1999.
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