ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
IN THE MATTER OF:
PETITION OF R. LAVIN
& SONS,
INC.
FOR ADJUSTED STANDARDS FROM
35
ILL.
ADM.)
CODE 302.102, 302.208,
302.210, AND
SUBPART F,
PROCEDURES FOR DETERMINING
)
AS 90-5
WATER QUALITY CRITERIA
)
(Adjusted Standard)
ORDER OF THE BOARD
(by R.
C. Flemal):
This matter comes before the Board upon an Agreed Motion for
Extension of Time filed March
26,
1990
by the Illinois
Environmental Protection Agency (“Agency”).
Pursuant to
35
Ill. Adm.
Code 106.714,
the Agency
is
required to file a response
to an adjusted standard petition not
later
than 30 days after
the filing
of the petition,
if the
Agency
is not a co—petitioner.
(The Board notes
that since this
petition was filed on March
5,
1990,
the response would be due
not later
than April
4,
1990, thirty days after
the filing
of the
petition with the Board.
This
is contrary
to the April
6,
1990
asserted due date
in the Agreed Motion.)
The Agency asks the
Board to extend the deadline
for
the Agency Response to August
6,
1990.
The Agency
further states that Lavin
& Sons,
Inc.,
through
its attorney,
has indicated agreement with this motion.
The Agreed Motion
is granted.
The Agency’s response shall
be due not later
than August
6,
1990.
Lastly,
the Board notes
that pursuant
to procedural
rule
106.711, petitioners are required
to cause the publication of
notice of a petition for adjusted standard within
14 days after
filing, and pursuant
to
106.712, petitioners must file proof
of
notice publication within
30 days after
filing.
No publication
proof has been filed for this petition.
Given
the Agency’s
motion to dismiss,
it may be that Petitioner was awaiting a Board
ruling prior
to publishing
notice.
Therefore,
on
its own motion,
the Board extends the time
for tiling proof
of notice publication
for
30 days of
the date of this Order.
IT
IS SO ORDERED.
110—101
—2—
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify,-~that4the above Order was adopted on the
/217~~
day of
________________,
1990,
by a vote of
7—c
~orothy
M. ç~nn, Clerk
Illinois Pq’Ilution Control Board
110—102