ILLINOIS POLLUTION CONTROL BOARD
    October 20, 1988
    CITIZENS UTILITIES COMPANY
    )
    OF ILLINOIS,
    Petitioner,
    )
    v.
    )
    PCB 88—151
    )
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by 3. Anderson):
    On September 16, 1988, Citizens Utilities Company of
    Illinois (“Citizens”) filed a petition for variance. On
    September 22, 1988, the Board issued an Order finding the
    petition to be deficient and discussing at length the apparent
    difficulty Citizens has had in submitting an acceptable
    compliance plan. To afford Citizens the opportunity to perfect
    its variance request, the Board granted Citizens 45 days in which
    to cure the articulated deficiencies and stated that if no
    amended petition were filed within that 45 day period the
    petition would be subject to dismissal.
    On October 18, 1988, Citizens filed a motion requesting that
    the Board extend by 30 days the time to file an amendment to its
    variance petition. In support of its request, Citizens states
    that its personnel, consultants and counsel have been involved in
    other pending matters since the Order was entered. Consequently,
    they will not be able to address fully the Order
    ...
    by the
    November 7, 1988 deadline.
    Because of the already lengthy procedural history (which is
    adequately described in the Board’s Order of September 22, 1988)
    resulting in part from Citizens’ repeated inability to submit an
    acceptable compliance plan and because of Citizens’ lack of
    sufficient justification for failing to prepare an amended
    petition, the Board will not grant Citizens’ request of a 30 day
    extension. However, the Board notes that Citizens 45 day period
    expires on November 7, 1988. The next scheduled Board meeting
    thereafter is November 17, 1988. The Board will therefore, grant
    Citizens until 5:00 p.m., Tuesday, November 15, 1988 to file its
    amended petition.
    93—227

    —2—
    Thus, Citizens’ motion is granted in part. If an amended
    petition is not filed by 5:00 p.m., November 15, 1988, the Board
    intends to dismiss the petition as deficient and terminate the
    Docket. Citizens may file a new petition when it is prepared to
    commit to a definite compliance plan.
    IT IS SO ORDERED.
    3. T. Meyer dissented.
    I, Dorothy N. Gurin, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the~c-~day of ~2-~~—4~’
    ,
    1988, by a vote of C_/
    Ill
    S
    Control Board
    93—228

    Back to top