ILLINOIS POLLUTION CONTROL BOARD
    October 20, 2005
     
    SILBRICO CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-11
    (Variance – Land)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 19, 2005 Silbrico Corporation (Silbrico) filed a petition for variance with the
    Board. Silbrico seeks a variance from provisions of 35 Ill. Adm. Code Parts 810 through 817 to
    the extent that these parts require the disposal of Silbrico’s industrial process waste and pollution
    control waste generated at a manufacturing facility located in Cook County in a nonhazardous
    waste landfill. Alternatively, Silbrico requests that the Board determine Silbrico’s waste to be
    analogous to “clean construction and demolition debris” which can be disposed of in a “clean
    fill” facility.
     
    On September 1, 2005, the Board issued an order identifying a number of deficiencies
    with the petition, and directing Silbrico to file an amended petition to address those deficiencies.
    The Board directed Silbrico to file an amended petition on or before October 3, 2005. On
    October 3, 2005, Silbrico filed a motion for an extension of time. Before the first motion was
    addressed, Silbrico filed a second motion for extension of time that was
    received by the Board on
    October 14, 2005.
     
    The first motion for extension of time being moot, the Board now considers the motion
    filed on October 14, 2005. In the motion, Silbrico asserts that the process of gathering the
    information necessary to file an amended petition has taken longer than expected, and requests
    that the deadline for filing the amended petition be extended until October 24, 2005. Mot. at 1.
    Silbrico contends it will suffer prejudice if an extension is not granted, and that neither the public
    nor the Agency will be prejudiced if an extension is granted.
    Id.
    Silbrico asserts that the
    Agency has no objection to the requested extension.
    Id.
       
     
    Motions for extension of time may be granted for good cause shown after notice to the
    opposite party.
    See
    cause for the extension, and notified the Agency as required by Board regulation. Further, no
    prejudice will result if an extension of time to
    file the amended petition is given. Accordingly,
    the motion for extension is granted. An am
    ended petition addressing the infor mational
    deficiencies identified in th
    e Board’s September 1, 2005 order mu
    st be filed on or before
    October 24, 2005. As previously noted, the decisi on
    deadline will be calculated from the date
     
    2
    the amended petition is filed.
    See
    35 Ill. Adm. Code 104.228;
    see also
    35 Ill. Adm. Code
    104.232(a)(2).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 20, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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