ILLINOIS POLLUTION CONTROL BOARD
    May 2, 1996
    BUTTERICK COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-141
    (UST - Appeal)
    ORDER OF THE BOARD (by R.C. Flemal):
    On April 23, 1996 the Illinois Environmental Protection Agency filed a “Motion for
    Extension of Time to File Agency Record”.
    Pursuant to 35 Ill. Adm. Code 105.102(a)(4), the Agency record is to be filed with the
    Pollution Control Board within 14 days "upon notice of the petition". The Agency states that
    it received notice of the petition on or about February 14, 1996. The record was therefore due
    to be filed on February 28, 1996. The Agency requests a grant of extension to any date not
    less than 21 days prior to hearing.
    The Agency claims that no prejudice will attach to Butterick Company if the motion is
    granted because petitioner is already in possession of the majority of the documents which
    would constitute the Agency record. The Board received a response from the Butterick
    Company on April 29, 1996 stating that it does not object to the Agency’s request for
    additional time to file the record. No hearing has yet been set in this matter and the Butterick
    Company filed an open waiver of the Board’s decision deadline. According to the Agency, the
    parties believe that litigation may be avoided due to discussions leading to a negotiated
    settlement.
    The Board hereby grants the Agency until 30 days prior to the scheduled hearing in this
    matter to file the complete Agency record.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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