ILLINOIS POLLUTION CONTROL BOARD
    January
    11, 1990
    THE JENNISON-WRIGHT CORP.,
    Petitioner,
    v.
    )
    PCB 89—189
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On December
    4,
    1989,
    the Illinois Environmental Protection
    Agency
    (“Agency”)
    filed
    a motion for dismissal of permit appeal
    as being late filed.
    On December
    14, 1989,
    Jennison—Wright
    Corporation
    (“Jennison-Wright”)
    filed
    a stipulated motion for
    extension of time
    in which to respond to respondent’s motion to
    dismiss.
    The Board granted the motion for extension
    of
    time to
    respond at
    its December
    20,
    1989
    Board meeting.
    On December
    28,
    1990,
    Jennison—Wright
    filed its brief
    in
    opposition
    to respondent’s motion
    for dismissal of permit appeal,
    arguing that
    a petition under Chapter
    11 of
    the Bankruptcy Code
    extended the filing deadline.
    Since the Agency has not addressed
    the Bankruptcy Code issue,
    the Board Orders the Agency to reply
    to the Jennison—wright brief not later than February
    2,
    1990.
    The Board notes that the brief
    filed by Jennison—Wright
    relies
    in large part on unverified allegations of
    fact.
    The
    Board questions whether the motion
    to dismiss might more properly
    be addressed after
    the hearing process has allowed the underlying
    factual matter
    to be developed.
    IT
    IS SO ORDERED
    Board Member
    J. Theodore Meyer dissented.
    I,
    Dorothy M. Gunn, Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby certify
    th.~.
    the above Order was adopted on
    the //~‘ day of ________________________
    ,
    1989,
    by
    a vote
    of
    ~
    .
    I
    Dorothy M.7Gunn, Clerk
    Illinois P’ollution Control Board
    107—93

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