ILLINOIS POLLUTION CONTROL BOARD

September 1, 1994

CITIZENS UTILITY COMPANY

)

OF ILLINOIS,

Petitioner,

v.

)

PCB 94—199

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (By E. Dunham):

On August 25, 1994, the Illinois Environmental Protection

Agency (Agency) filed a “Motion for Extension of Time to Answer”.

The Agency requests an extension until March 31, 1995 to file its

answer. The deadline in this matter has been waived through July

1, 1995. The parties are presently involved in discussions

towards resolution of the issues on appeal. The Agency contends

that the filing of the answer is not necessary at this time. The

Agency believes that filing of the answer by March 31, 1995 will

allow sufficient time for notice, briefing and decision by the

Board. The Agency indicates that petitioner has no objection to

the extension.

The Board encourages negotiated settlements of permit

appeals, and does not object to the grant of an extension of time

for filing the Agency’s answer. The Board, however, also

encourages expeditious resolution of cases before it. Granting

an extension of seven months for filing an answer may provide

excessive delay if the parties become aware that negotiations are

not going to lead to a workable settlement.

The Board therefore grants the Agency’s motion for an

extension of time to file an answer subject to the following

conditions:

1. The Agency must file its answer within 30 days of any

party’s request for a hearing in this matter.

2. The Agency’s answer must be filed no later than March 31,

1995.

IT IS SO ORDERED.

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2

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

Board hereby certify that the a~oveorder was adopted on the

~

day of

~

,

1994, by a vote of

~

Dorothy N. c14n, Clerk

Illinois Pollution Control Board