ILLINOIS POLLUTION CONTROL BOARD
December 2, 1993
BOCKER CHEVROLET COMPANY,
)
)
Petitioner,
)
v.
)
PCB 93—ill
)
(UST Fund Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by R.C. Flemal):
On November 29, 1993 petitioner filed a motion seeking leave
to file a amended petition. The amended petition itself did not
accompany the motion. The Board accordingly construes the motion
as a request to file the amended petition at some future date.
The Board generally gives broad latitude to petitioners
seeking to amend petitions where the intent of the amendment is
to clarify the record and where the timing of the filing does not
prejudice some other person. An appropriate, timely—filed
amended petition is accordingly likely to be looked upon
favorably by the Board.
However, as regards the instant case, the Board cannot judge
the acceptability of the amended petition until it is actually
filed and thereby subject to review by the Board. Accordingly
the instant motion for leave to file at a future date is denied.
Petitioner may renew its motion for leave to file at the time of
submission of the amended petition.
The Board notes that a general consequence of filing an
amended petition in a decision—deadline case is to cause the
decision clock to restart. In the instant matter, however,
petitioner has filed an open waiver and the decision—deadline
provisions accordingly do not apply.
IT IS SO ORDERED.
I Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board~ hereby certi~ythat the above order was adopted on the
~‘~~day
of
___________________,
1993, by a vote of
- (~
I,
/
/
Dorothy M.~unn,
Clerk
Illinois P9llution Control Board