I
LLI
NOl S
POLLIJTION CONTROL
BOASE)
August
26,
1993
C1T1 ZENS
UT1LITI ES COMPANY
O
F
ILLI N 01 S
A NI) V I LLAGE OF
)
PLAINFIELD,
Petitioner,
PCB 93—101
v,
)
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY AND VILLAGE
OF BOLINGBROOK,
Respondent.
ORDER
OF THE BOARD
(by
G.
T. Girard)
On July
13,
1993, petitioners
filed a joint motion for
rehearing.
On July
22,
1993, the Agency responded and on July
26,
1993,
the Village of Bolingbrook responded.
Both respondents
are
in opposition to the motion to rehear.
On July 29,
1993,
petitioners filed
a motion for leave to file
a reply instanter
and on August
9,
1993, the Village of Bolingbrook filed
a motion
to strike the reply.
On August 12,
1993,
petitioners filed a
response to the Village of Bolingbrook’s motion to strike the
reply.
The Board notes that 35
Ill. Adm. Code 101.241 states that
the moving person shall not have a right to reply except as
permitted by the Board to prevent material prejudice.
The Board
finds that material prejudice will not occur and therefore,
the
Board denies the motion for leave to file
a reply.
Thus,
the
motion to strike and the response are moot.
The petitioners have
presented no new evidence or arguments to persuade the Board to
reopen this case.
Therefore,
the Board denies the motion for
rehearing and affirms the June
17,
1993 Board order.
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certif,~that the above order was adopted on the
___________
day of
____________
,
1993,
by
a vote of
~-
~
:i~.
~
~L/~/
Dorothy
M.
Gt9nn,
Clerk
Illinois Pollution Control Board