ILLINOIS POLLUTION CONTROL BOARD
    October
    20,
    1988
    CITIZENS UTILITIES COMPANY OF
    )
    ILLINOIS,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 88—151
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by
    3. Theodore Meyer):
    I dissent from the majority’s order.
    Citizens Utilities
    Company of
    Illinois (Citizens)
    filed
    a motion
    to extend
    the time
    to file an amendment to
    its variance petition, seeking a 30—day
    extension.
    The majority order grants Citizen’s motion in part,
    giving Citizens an additional eight days
    to file its amended
    petition.
    I would have denied
    the motion entirely,
    arid
    left the
    due date for filing
    the amendment on November
    7.
    When the Board
    issued
    its September 22,
    1988 order finding
    the variance petition deficient for failure
    to propose
    a specific
    compliance plan,
    it allowed Citizens 45 days
    to cure that
    deficiency.
    Given the fact that a variance petitioner controls
    when a petition for variance is filed,
    and thus assuming that the
    petitioner should have all of
    its support and required
    information prepared before filing,
    I believe that the 45—day
    period to cure any deficiency
    is sufficient.
    If Citizens
    is
    unable
    to meet this deadline and the petition is subsequently
    dismissed, Citizens always has the option of filing a new
    petition when
    it
    is prepared
    to commit
    to a specific compliance
    plan.
    3.
    (yheodore~(é~Y~
    Board Member
    93—229
    —2—
    I,
    Dorothy M. Gum,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Di~antingOpinion was
    submitted on the
    c~~~~ItZ
    day of ________________________,
    1988.
    Dorothy M./~unn,Clerk
    Illinois Pollution Control Board
    93—230

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