ILLINOIS POLLUTION CONTROL BOARD

March 8, 1990

CENTRALIA ENVIRONMENTAL SERVICES,

)

INC.,

Petitioner,

v.

)

PCB 89—170

(Permit Appeal)

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD (by M. Nardulli):

This matter comes before the Board upon a petition for review

filed by Centralia from the Agency’s denial of a supplemental

development permit and an Operating permit. The hearing officer

set a simultaneous briefing schedule requiring that briefs be

filed with the Board on January 16, 1990. While the Board has

received the Agency’s brief it has yet to receive Centralia’s

brief or motion for extension of time to file its brief.

Centralia did, however, file a waiver of the decision deadline to

March 31, 1990.

In his hearing officer order of January 2, 1990, the hearing

officer noted that Centralia “might have conflicts of schedule

that would require additional time. The hearing officer advised

that additional time could only be granted if Petitioner files a

written waiver of the Board’s decision due date...

.“

Although

the Board has received a waiver of its decision due date, the

record contains no documentation of reasons for Centralia’s

failure to timely file its brief. Therefore, the Board directs

Centralia to respond to this Order and state its reasons for the

delay in filing its brief, why no motion for extension of time

has been filed and the date Centralia expects to file its

brief. This response should be filed no later than March 19,

1990.

Nothing in today’s Order should be construed as a waiver by

the Board of the possibility of sanctions or other appropriate

actions as a result of the failure to meet filing deadlines.

IT IS SO ORDERED.

109—285

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Bo~rd,hereby certify that the above Order was adopted on the

~

day of

~/1~

~

,

1990, by a vote of______________

Dorothy M.

~Gunn,/

Clerk

Illinois Póllution Control Board

I 09—286