ILLINOIS POLLUTION CONTROL BOARD
    October 1,
    1992
    RANADA
    HOTEL,
    O’HARE,
    Petitioner,
    v.
    )
    PCB
    92—87
    (Underground
    Storage
    Tank
    Fund
    Reimbursement
    Determination)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On September 30, 1992, the Agency filed a motion for extension
    of time through October 5,
    1992 in which to file its response to
    petitioner’s September 11, 1992 motion for summary judgment.
    Among
    other things, counsel for the Agency notes that the issues involved
    in this case involve “substantially the same issue of statutory and
    regulatory
    construction
    as
    is present
    in”
    another pending
    case
    Harlem Township v. IEPA, PCB 92-83.
    Counsel states that he is also
    responsible for that case, and that preparation of his response in
    that case prevented timely preparation of response in this one.
    Additionally, the Agency suggest that the Board defer decision in
    this case until after Harlem is decided.
    Although the response time for respondent’s motion has not
    run, the Board will rule upon the motion to prevent “undue delay”
    in the resolution of this action.
    The Board does
    not believe that
    this early ruling will result in “material prejudice” to Ramada,
    given the interrelationship of this case with Harlem.
    (See 35 Ill.
    Adm. Code 101.241(b)).
    The Agency’s motion for extension of time is hereby granted.
    As the Agency
    requests,
    the response
    is due to be
    filed on
    or
    before October 5,
    1992.
    IT IS SO
    ORDERED.
    0136-0225
    2
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    t at the above order was adopted on the
    /-~
    day of
    ____________________,
    1992, by a vote of
    ~
    0136-0226
    Control
    Board

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