ILLINOIS POLLUTION CONTROL BOARD
August 17,
1990
CITY OF OGLESBY,
)
Petitioner,
V.
)
PCB 86—3
(CSO Exception)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE
BOARD
(by J. Anderson):
On August
9,
1990,
the Board issued an order granting the
Illinois Environmental Protection Agency’s (“Agency”)
“Request
for Time
to Respond to Petitioner’s Amended Petition”.
The Board
directed the Agency to file its response
to the City of Oglesby’s
(“Oglesby”) Amended Petition on or before August
23,
1990.
On
August 14,
1990,
the Agency filed a Motion for an Extension of
Time,
requesting
the Board to grant
it until September
7,
1990,
to file its response.
In support
of its motion,
the Agency
states that its attorney
in this matter
is attending public
hearings in another regulatory proceeding.
Such hearings are
being held
in six locations across the State of
Illinois between
August 14,
1990 and August
24,
1990.
The Board notes that Oglesby’s time
to respond to this
motion has not yet expired, and that the Board’s procedural
rules
state that
it will not grant
a motion before the expiration
of
the response period, unless undue delay or material prejudice
will result.
(35
Ill. Adm. Code
101.241(b))
The Board
finds
that
deferring ruling on the Agency’s motion would result
in undue
delay.
Accordingly,
the Board hereby grants the Agency’s Motion
for an Extension of Time, and directs the Agency to file its
response on or before September
7,
1990.
IT IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify fthat
the above Order was adopted on
the
/‘~7’~day of
____________
,
1990,
by a vote of
t’~~)
~
Dorothy
M. Gunn,
Clerk
Illinois Pollution Control Board
ii4
4~I