ILLINOIS POLLUTION CONTROL BOARD
    May 11,
    1995
    R.P. LUMBER COMPANY,
    INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 94—184
    )
    (UST
    -
    Fund)
    OFFICE OF THE STATE
    )
    FIRE MARSHAL,
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. McFawn):
    This matter is before the Board pursuant to petitioner R.P.
    Lumber Company,
    Inc.’s, May 1,
    1995 motion for summary judgment
    accompanied by a motion for leave to file instanter.
    On May 5,
    1995 respondent,
    Office of the State Fire Marshal,
    filed a
    response to the motion for leave to file instanter and on May 8,
    1995 petitioner filed a motion to continue hearing.
    Pursuant to Board procedural rule 35 Ill. Adm. Code 107.227,
    a party may move the Board for summary judgment on all or any
    part of the relief sought no less than 21 days prior to scheduled
    hearing.
    Hearing in this matter had been scheduled to commence
    on May 15,
    1995.
    Although petitioner actually mailed its motion
    for summary judgment on April
    26th, twenty days before hearing,
    it is nevertheless one day late and therefore untimely.
    Respondent has not cited any material prejudice which would
    result if petitioner’s motion to file instanter is granted.
    The
    Board finds that no prejudice will result
    if the motion for
    summary judgment is accepted; the hearing officer has already
    cancelled the hearing set for May 15,
    1995.
    The Board hereby
    grants petitioner’s motion to file instanter and accepts
    petitioner’s motion for summary judgment.
    Respondent is hereby
    given fourteen days from the date of this order to file a
    response to petitioner’s motion for summary judgment.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    that the above order was adopted on ~he
    //t~
    day of
    ____________________,
    1995,
    by a vote of
    ~
    o
    Dorothy M.,4unn,
    Cle’rk
    Illinois
    lution Control Board

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