ILLINOIS POLLUTION CONTROL BOARD
March 9,
1995
INSPIRATION DEVELOPMENT CO.,
)
Petitioner,
v.
)
PCB 94—279
(Variance
-
Water)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
On October 4,
1994 Inspiration Development
Co.
(Inspiration)
filed a petition for variance.
On October
19,
1994 the Illinois
Environmental Protection Agency
(Agency)
filed a motion to
dismiss that petition.
On October 20,
1994 the Board denied the
motion to dismiss but found the petition deficient and ordered an
amended petition within 45 days.
On December
5,
1994 Inspiration
filed a request for an extension of time to comply with the
Board’s October 20,
1994 order.
On December 14,
1994 the Agency
filed its response and did not object to granting Inspiration an
extension of time to amend its variance.
On December 14,
1994
the Board granted Inspiration an extension to file an amended
petition no later than February 7,
1995.
On January
3,
1995
Inspiration filed a waiver of the Board’s decision deadline until
June 30,
1995.
The Board has not yet received Inspiration’s
amended petition or
a further waiver of the Board’s decision
deadline.
According to filings by Inspiration and the Agency on
December 5,
1994 and December 14,
1994, respectively,
the parties
believed the need for this variance would soon be eliminated.’
Both parties anticipated resolving this matter within thirty to
sixty days of filing.
Therefore,
their projected time for
settlement was February 12,
1995 at the
latest.
The Board hereby directs Inspiration to file an amended
petition by March
16,
1995 or file a further waiver of the
Board’s decision deadline.
Failure to file either an amended
petition or a waiver of decision deadline will subject this
petition to dismissal.
The parties are currently negotiating a NPDES permit
appeal for the same site in another proceeding before the Board,
PCB 93—172, which has a Board decision deadline of July 30,
1995.
2
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
______
day of
______________,
1995,
by a vote of
~
Dorothy M./~unn,Clerk
Illinois ~j~llutionControl Board