ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1991
    CITIZENS UTILITIES COMPANY
    )
    OF ILLINOIS,
    Petitioner,
    V.
    ILLINOIS ENVIRONMENTAL
    )
    PCB 85-95
    PROTEéTION AGENCY,
    )
    (Variance)
    Respondent,
    )
    and
    VILLAGE OF BOLINGBROOK,
    )
    )
    Intervenor.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On November 15,
    1991,
    Citizens Utilities Company
    (“Citizens”)
    filed a motion requesting the Board to reconsider
    and vacate its October 24,
    1991 Opinion and Order
    in this matter.
    The Illinois Environmental Protection Agency
    (“Agency”)
    has not
    responded to Citizens’ motion.
    The motion to reconsider is
    granted.
    In its October. 24,
    199? Opinion and Order, the Board granted
    Citizens a variance in accordance with two Orders, dated
    February
    5,
    1987,
    and May 13,
    1991, that were issued by the Third
    District Appellate Court.
    Citizens Utilities Company of Illinois
    v.
    Illinois Pollution Control Board,
    152 Ill App.
    3d
    122,
    504
    N.E.2d 224
    (3rd Dist.
    1987);
    Citizens Utilities Company of
    Illinois v.
    Illinois Pollution Control Board,
    213 Ill.
    App.
    3d
    864
    (3rd Dist.
    1991).
    Citizens argues that the Board failed to
    grant the relief specified by the Court in its opinions.
    Specifically, Citizens’ argues that the Board failed to:
    1.
    extend the variance until site-specific relief
    in
    R81-19 is granted, or until three years after
    final adjudication of R81-19,
    if it is not granted
    2.
    make commensurate extensions to the compliance
    schedule set forth in PCB 78-313
    3.
    make the requested modifications to the variance
    parameters effective July
    2,
    1985.
    With respect to the relief specified in number
    3 above, the
    Board notes that it made the requested modifications to the
    128—01
    2
    variance parameters effective July 2,
    1985.
    See Condition
    1 of
    the Board’s October 24,
    1991 Order.
    Moreover, the Board
    explained in its October 24,
    1991 Opinion why it could not grant
    the relief specified in numbers
    1 and 2 above.
    See pages 4-5
    of the Board’s October 24,
    1991 Opinion.
    Citizens has raised no
    new arguments that would persuade the Board to alter its decision
    with respect to such relief.
    Accordingly,
    for the foregoing
    reasons, the Board hereby grants Citizens’ motion for
    reconsideration but declines to grant, the relief requested
    therein.
    IT IS SO ORDERED.
    Board Member R.
    Flemal abstained and Board Member B. Forcade
    concurred.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cert,tfy that the abov
    Opinion and Order was
    adopted on the
    ~‘
    day of
    ,
    ,
    ~&../
    ,
    1991,~bya
    voteof
    ~O
    .
    .)
    ..
    (7
    ~
    Dorothy N.
    ç4’nn,
    Clerk
    Illinois Po~4utionControl Board
    129—02

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