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

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