ILLINOIS POLLUTION CONTROL BOARD
April
20,
1995
MEDICAL DISPOSAL SERVICES,
INC.,
Petitioner,
v.
)
PCB 95—75
PCB 95—76
ILLINOIS ENVIRONMENTAL
)
(Permit Appeals
-
Air,
Land)
PROTECTION AGENCY,
)
(Consolidated)
)
Respondent.
ORDER OF THE BOARD
(by N. McFawn):
This matter
is before the Board on two motions:
(1)
an April
17,
1995 petition for intervention filed by the City of Harvey
(Harvey), and
(2)
an April 19,
1995 motion for extension of time
filed by the Illinois Environmental Protection Agency
(Agency).
Medical Disposal Services,
Inc.
(MDS)
filed a response to
Harvey’s petition for intervention on April
18,
1995.
The Agency
has not responded to the petition.
In its motion for extension of time,
the Agency seeks a
seven—day extension of time to respond to the motion for summary
judgment filed by MDS.
The Agency previously filed a motion on
April
11,
1995 requesting an extension until April
18,
1995,
which the Board granted.
In support of the additional extension,
the Agency cites reasons identical to those set forth in the
April
11,
1995 motion for extension.
The Agency’s second motion for extension of time is hereby
granted.
The Agency’s response to the motion for summary
judgment is now due on or before April
25,
1995.
The Board does
not anticipate that additional extensions will be requested.
Because the Board will not be able to rule on the pending motion
for summary judgment prior to the hearing in this matter set for
May
1,
1995,
the Board hereby directs the hearing officer to
continue the May
1,
1995 hearing on the record until a date
certain established after consultation with the parties.
The Board declines to rule on Harvey’s motion for
intervention at this time.
However, the Board grants Harvey
leave to file an amicus brief on the issues raised in the motion
for summary judgment,
if
it so desires.
The Board would accept
such a brief
if filed within the timeframes set forth in this
order for the Agency’s response,
i.e., by April
25,
1995.
IT IS SO ORDERED.
2
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~
day of
________________
1995, by a vote of
_______
7’
~.
/~J
Dorothy N.
G~’nn,
Clerk
Illinois Pol ution Control Board