ILLINOIS POLLtJTIOr’~I CONTROL BOARD
    June 2, 1983
    ALTON PACKAGING COMPANY,
    Petitioner,
    )
    PCB 83—49
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTEON AGENCY,
    Respondent.
    ORDER
    OF THE BOARD (by J.D. Dumelle):
    On May 19, 1983 the Illinois Environmental Protection Agency
    (Agency) filed a motion for extension of time to file its variance
    recommendation in this matter. It argues that since a site—
    specific regulatory proceeding was filed contemporaneously with
    the variance petition and since the compliance plan
    stated
    in
    that
    petition is to obtain site—specific relief, the Agency should have
    90 days to file its variance recommendation to allow it the same
    period of time as it is allowed to make a recommendation as to
    the disposition of the site—specific regulation pursuant to
    35 Ill. Mm. Code 106.304(a). It further argues that the
    filing of the site—specific regulatory petition should he construed
    as a ~o tanto waiver of the 0—day decision period for Board action.
    This novel argument is not devoid of merit. However, the
    Board concludes that it has no authority to construe the filing
    of a site—specific regulatory petition as a waiver of the Board’s
    statutory decision period for the variance action. Therefore, the
    Board cannot allow the requested 60-day extension. The motion
    is hereby denied.
    IT IS SO ORDERED.
    I, Christan L. Mof~ett,Clerk of the Illinois Pollution
    Control Boar1~, hereby certify that the above Order was adopted
    on the ~
    day of
    ~
    1983
    by a vote of
    ____
    __
    ft~~t.
    Christan L. Mof~E~7Clerk
    Illinois Pollution Control Board
    52-293

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