ILLINOIS POLLUTION CONTROL BOARD

October 4, 2001

 

CITY OF STREATOR, ILLINOIS, )

  

  

)

Petitioner, )

  

  

)

v.

) PCB 02-4

 

) (NPDES Variance – Water)

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY, )

  

  

)

Respondent.

)

 

ORDER OF THE BOARD (by R.C. Flemal):

 

On July 13, 2001, the City of Streator (petitioner) filed a petition for variance (petition)

from Section 35 Ill. Adm. Code 402, restricted status. On August 9, 2001, the Board directed

petitioner to file an amended petition that adequately addressed the content requirements of 35

Ill. Adm. Code 104.204. The Board granted petitioner until September 10, 2001, to file the

amended petition, and granted the Illinois Environmental Protection Agency (Agency) until

October 10, 2001, to file a recommendation. Petitioner filed its amended petition on September

10, 2001. On September 19, 2001, Agency attorney Connie Tonsor filed a motion to withdraw

due to medical reasons. On September 20, 2001, the Agency filed an appearance by Agency

attorney Deborah Williams and motion for extension of time to file the recommendation on or

before November 9, 2001 (motion). On September 25, 2001, petitioner filed a motion to oppose

the extension of time (Opp. Mot.). Ms. Tonsor’s motion to withdraw is granted. For the reasons

stated below, the Agency motion for extension of time is granted until October 31, 2001.

  

The Agency argues that it does not have sufficient time to file a recommendation by

October 10, 2001. Mot. at 2. The case was transferred to Ms. Williams, who had a previously

scheduled vacation from September 20 through September 30. Mot. at 2. Petitioner alleges it

will be prejudiced if the motion for extension of time is granted, because it cannot add sewer

connections while on restricted status. Opp. Mot. at 2.

 

The Board is not persuaded that petitioner will be prejudiced if the Board grants the

Agency an additional 21 days to file the recommendation. Additionally, the Board finds that the

Agency has justified its request for additional time to file the recommendation. Therefore, the

Board grants the Agency until October 31, 2001, to respond to the amended petition.

 

 

IT IS SO ORDERED.

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2

 

 

 

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

adopted the above order on October 4, 2001, by a vote of 7-0.

 

 

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board