ILLINOIS

POLLUTION

CONTROL

BOARD

October

7,

1993

ARCHER

DANIELS

Mi

DLAN)

COMPANY,

Petitioner,

v.

)

PCB

92—109

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

3.

Anderson):

This matter comes before the Board on the Board’s own

motion.

On August 13,

1992, the Board,

in response to a motion

of the Illinois Environmental Protection Agency

(Agency),

extended its deadline for filing the record until December 15,

1992,

with leave to request an extension, assuming Archer Daniels

Midland

(ADM)

further waived the decision deadline, which at that

time was waived until March

5,

1993.

subsequently,

on October

22,

1992, ADM waived decision until June 30,

1993.

Then,

on

January 27,

1993, ADN filed a further waiver of decision,

until

December 31,

1993,

stating:

ADM intends to submit its permit application covering all of

these matters by mid-February which would allow for the

issuance of a permit which would moot this appeal by this

summer.

On October

6,

1993 ADM filed

a further waiver of decision,

until June 30,

1994,

so the Board will not order this matter to

hearing at this time.

However, the Board notes that the Agency has not requested

an extension of its deadline for filing the record since the

Board-granted extension to December 31,

1992.

While we may

assume that the Agency’s non—compliance with the December 31st

filing deadline as well as its failure to request an extension

can be attributed to inadvertence, the situation must be

remedied.

The Agency is directed to file the record by October

18,

1993,

or request an extension of the filing date to a date

certain no later than March

1,

1994.

IT

IS SO ORDERED.

---

2

I, Dorothy M.

Gunn,

Clerk of

the Illinois Pollution Control

Board, hereby certify that the above order was adopted

on the

7ct~

day of

~

~tt~c

,

1993,

by a vote of

7

7~

~‘

~-

~

Dorothy

N.4Uflfl,

Clerk

Illinois R~y1lutionControl Board