ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    EVERETT DAILY,
     
    Respondent.
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    AC 01-16
    (SCDPH 00-AC-1)
    AC 01-17
    (SCDPH 00-AC-2)
    (Administrative Citation)
    (Consolidated)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On November 16, 2000, pursuant to Section 31.1(b) of the Environmental Protection Act
    (Act) (415 ILCS 5/31.1(b) (2000)), the County of Sangamon (County) issued the above-
    captioned administrative citations to Everett Daily (Daily). The Board accepted these matters for
    hearing on December 21, 2000, and consolidated them on March 1, 2001.
    These matters are currently before the Board on cross motions for summary judgment
    that were filed by Daily on September 24, 2001, and by the County on October 17, 2001. Both
    motions for summary judgment were accompanied by motions for leave to file
    instanter
    , which
    the Board has not previously addressed. The Board now grants both motions for leave to file
    instanter
    .
    Section 101.516 of the Board’s procedural rules (35 Ill. Adm. Code 101.516) requires
    that responses to motions for summary judgment be filed within 14 days after service of the
    motion. The County filed a response to Daily’s motion for summary judgment on October 9,
    2001, which was timely filed pursuant to the Board’s mailbox rule (
    see
    35 Ill. Adm. Code
    101.300). Daily, however, did not respond within the 14-day period.
     
    On December 19, 2001, Daily filed a motion for leave to file a response to the County’s
    motion for summary judgment. In support of this motion, Daily claims that he was awaiting a
    Board order granting the County’s motion for leave to file its motion for summary judgment
    instanter
    , before filing a response. Daily further claims that substantial prejudice would result if
    he is denied an opportunity to respond to the County’s motion for summary judgment.
     
    Daily’s motion for leave to file a response to the County’s motion for summary judgment
    is granted. Consistent with Section 101.516 of the Board’s procedural rules, Daily’s response is
    due within 14 days of today’s order, on or before January 3, 2002.
     
    IT IS SO ORDERED.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 20, 2001, by a vote of 7-0.
     
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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