ILLINOIS POLLUTION CONTROL BOARD
June 22,
1989
OLD BEN COAL COMPANY,
)
Petitioner,
V.
)
PCB 89—42
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by
.1.
Anderson):
This matter comes before the Board upon
a “Motion to Waive
the September
1,
1989 Decision Limitation” filed June
13,
1989 by
petitioner, Old Ben Coal Company
(“Old Ben”).
By this
motion, Old Ben requests that the Board enter
an
order continuing the Board’s decision date from September
1,
1989
to November
30,
1989
to allow time for discovery,
a hearing and
post—hearing briefing
in this proceeding.
The Board
notes that
its rules do not require that
a motion requesting waiver
of
a
decision date be
filed with the Board.
Rather,
the Board accepts
the filing
of
an informal statement of waiver
of the decision
date.
The Board also notes
that Old Ben incorrectly refers
to
a
“decision”
being rendered by the hearing
officer.
It
is the
Board,
not the hearing officer, which possesses
the authority to
render decisions.
(See,
35 111.
Adm. Code
102.160.)
The Board directs the Clerk
to adjust the decision date
consistent with Old Ben’s request.
IT
IS SO ORDERED
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify
tha~t
the above Order was adopted
on
the
--‘?L?
~ day of
~
,
1989,
by
a vote
of
~/-c~
.
,/~),
~
Dorothy M.
Gi’/n, Clerk
Illinois poiJution Control Board
100—257