ILLINOIS POLLUTION CONTROL BOkRD
    June 22,
    1989
    OLD BEN
    COMA
    COMPANY,
    Petitioner,
    v.
    )
    PCB 89—41
    ILLI~~OISENVIRONMENThL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOP~RD(by
    1.
    ~nderson):
    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 Ill.
    ~dm. 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 that—~theabove Order was adopted
    on
    the
    ~‘~day
    of
    ______________________,
    1989,
    by
    a vote
    of
    7—c
    .
    -
    //
    Dorothy
    M. ~t~in, Clerk
    Illinois Pol’lution
    Control Board
    100—255

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