ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    IN THE MATTER OF:
    )
    )
    ADJUSTED STANDARD OF C.J.
    )
    AS 92-6
    GOODALL TIRE CO.,
    INC. FROM
    )
    (Adjusted Standard)
    35 ILL. ADN. CODE 848.202
    )
    ORDER OF THE BOARD
    (by
    G.
    T. Girard):
    This matter comes before the Board on petitioner’s November
    17,
    1992,
    amended petition for adjusted standard.
    The amended
    petition requests an adjusted standard from 35 Ill. Adm. Code
    848.202(b) (5) and 35 Ill. Adm. Code 848.202(c)(5).
    In addition,
    petitioner asserts that its request for exemption from 35 Iii.
    Adm. Code 848.404 is substantially complete and in compliance
    with Board regulations regarding such petitions.
    The Agency’s
    December 18,
    1992, response recommended approval of the adjusted
    standard from sections 848.205(b) (5)
    and 848.202(c) (5) but not
    from section 848.404.
    On January 4,
    1993,
    Goodall filed an answer to the Agency’s
    response to the petition for an adjusted standard.
    On January
    11,
    1993, the Agency filed a motion for leave to file and reply
    to petitioner’s answer to the Agency’s response.
    On January 20,
    1993,
    petitioner filed a motion to strike,
    or,
    in the
    alternative, leave to file a reply.
    On January 29,
    1993, the
    Agency filed a response in opposition to petitioner’s motion to
    strike.
    Neither petitioner’s answer to the Agency’s response or the
    Agency’s reply to petitioner’s answer are specifically provided
    for in the Board’s procedural rules.
    However,
    in this case,
    petitioner has waived the hearing and the answer and reply
    significantly add to the record.
    Therefore, the Board accepts
    petitioner’s answer to the Agency’s response and the Agency’s
    reply to petitioner’s answer.
    Accordingly, the Board denies
    petitioner’s alternative motion to strike.
    The Board believes
    that the accepted filings have provided both parties with ample
    opportunity to address the issues and therefore leave to file a
    reply is denied.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo,a~,
    hereby certij~Fthat the above order was adopted on th~
    —
    4./-~-t~~~
    day of
    _____________________,
    1993, by a vote of
    ~‘
    ~L’
    Dorothy N. G~2f~,Clerk
    Illinois Po(~tion Control Board
    0139-0127

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