ILLINOIS POLLUTION CONTROL BOARD
April
18,
1996
DOROTHY
L.
HOFFMAN,
)
)
Complainant,
)
)
PCB
94-146
v.
)
(Enforcement
-
Noise
-
Citizens)
)
CITY OF COLUMBIA,
)
)
Respondent.
)
)
ORDER OF THE
BOARD (by
J.
Yi):
This matter
is before the Board pursuant to
respondent’s motion filed on April 4,
1996,
to extend time to file its post-hearing brief.
On May
5,
1994
Dorothy
L.
Hoffman filed this
citizen’s enforcement complaint before the Board against respondent,
the City of Columbia.
The complaint alleged that respondent violated 415 ILCS
5/23 and 5/24 of the
Environmental
Protection
Act (Act) and
35
II!.
Adm.
Code 900.102.
On June 2,
1994
the Board found this
matter was
not frivolous or duplicitous and sent it to
hearing.
Respondent
states in
its motion that new representation was
recently obtained and that
the parties agreed that each would have similar
time to prepare their briefs.
Additionally,
respondent
states that the complainant filed her briefon
March 26 even though it was
originally due Febmary
29,
1996.
The respondent is requesting an additional sixty days to file
its brief as the result of the above circumstances.
On April 4,
1996 the Board granted the complainant’s motions to extend time to file
its
brief and accepted the brief as
timely filed on
March 26,
1996.
Additionally we stated
“Since
the hearing officer originally provided
the respondent six (6)
weeks to
file
its brief,
the
respondent’s brief is now
due May
16,
1996
and complainant’s rebuttal
brief is due May
30,
1996.”
Respondent is requesting the Board
to extend
its
time to file until June
10,
1996,
sixty
days beyond the original due date of April
11,
1996.
The Board notes that no
substitution of attorney or appearances have been filed
in
this
matter as required pursuant to
35 Ill.
Adm.
Code
101.108 and
35
III Adm.
Code 101.107(c).
Additionally no withdrawal of appearance has been filed pursuant to
35
Ill.
Adm.
Code
101.107(d).
The
Board directs respondent to
file a substitution of attorney and appearance
in
accordance with Sections
101.108
and 101.107(c).
2
The Board grants respondent’s motion for extension of time and vacates
that part of the
April 4,
1996 order in this matter.
Therefore the respondent’s brief is now
due June
10,
1996
and complainant’s reply
is now due June 24,
1996.
IT IS SO ORDERED.
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control Board,
hereby certify that
the above order was
adopted on the
/t~
day of
___________,
1996,
by
a vote of
~
Dorothy
M. G,i4i,
Clerk
Illinois Pollut~th
Control Board