ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1992
    IN THE MATTER OF:
    )
    )
    PETITION OF WE-SHRED-IT,
    INC.,
    )
    AS92-2
    F,OR~AN ADJUSTED
    STANDARD~FRON
    ~)
    4Ad~sted~St andard~
    35 ILL. ADM.
    CODE
    848.101
    )
    (WASTE TIRES)
    )
    ORDER OF THE BOARD
    (by J
    •
    C. Marlin):
    On September 8,
    1992,
    the Illinois Environmental Protection
    Agency (Agency) filed a Motion for Leave to File Instanter, an
    Agency Response to Second Amended Petition for Adjusted Standard
    and Agency’s Post—Hearing Comments.
    On September 3,
    1992,
    the Board entered an opinion and order
    in this matter, denying the requested adjusted standard from the
    financial assurance requirement for used and waste tires in 35
    Ill. Ada. Code 848.
    The Agency’s filing makes no reference to
    the opinion.
    As discussed in the opinion
    (p.
    1-3), the procedural history
    was confused,, in part because of the sequence of amended
    petitions and Agency responses filed prior to, during and after
    the hearing.
    In addition, the Board noted that the Agency had
    not filed its closing comments within the 14 days allowed by the
    hearing officer at the June 29,
    1992, hearing.
    We believe that the Agency was not aware of the Board’s
    final opinion and order at the time these pleadings were filed.
    The response and post—hearing comments are now moot.
    The motion
    for leave to file instanter is therefore denied.
    The Agency may
    file a timely motion for reconsideration of the September
    3,
    1992,
    opinion and order if there are matters in these pleadings
    which the Board needs to consider.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certify
    hat
    he above order was adopted on the
    ______
    day of ______________________________,
    1992 by a vote of
    7c9.
    c~4~b~
    Dorothy M
    unn, C erk
    Illinois P liution Control Board
    0136-0095

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