ILLINOIS POLLUTION CONTROL BOARD

January

:24, 1985

WILLIAM H. CLARKE

and

)

PIONEER PROCESSING,

iNC~,

Petitioners,

PCB 84~150

)

ILLINOIS

ENVIRONME~

:~

PROTECTION

AGENCY,

Resp~dent~

ORDER OF THE BOARD

(by J.

D.

Dumeile):

This matter comes before

the Board upon a January

10,

1985

petition for intervention filed on behalf of

the County of LaS~ll~

Rosemary Sinon, Marie Madden and Joan Benya Bernabei requesting

leave to intervene

in this matter ~provided that the

time for the

Board to make its decision be extended to a date ninety

(90) days

from the date leave to intervene

is

granted.”

William

H.

Clarke

and Pioneer Processing,

Inc.

(Petitioners) responded on January

22,

1985.

The County of LaSaile,

et

al., replied to the response

on January 23, 1985.

Petitioners

recommend that the Board ~cOnsider the LaSalle

County,

et al., prayer

for relief

as

an

unconditional request for

leave to intervene,

coupled with a simultaneous request for

con~

tinuance” arguing that there

is no

basis

for

a

conditional

request

to intervene.

No

law

is cited in support of that contention.

A

plain reading of the

request indicates that LaSalle County,

et aL,

does not desire to

request intervention

unless the decision date

is extended:

this

is clear from the use

of the

words ~provided

that.”

The Board

sees

no

reason

why

a

request

for

intervention

cannot

be

conditioned

on

the

occurrence

of

some

definite

event.

In

this

case

the

condition

has

not

been

fulfilled,

In

a

permit

appeal

proceeding

the

statutory

right

of

a

decision

with:Ln

90

days

runs

to

the

petitioner and can

be

extended

by

the

petitioner

only

by

express

waiver

or by actions

through

which

waiver

can

he

implied

(e.g.

unreasonable

delay

caused

by

petiticner~

s

action).

No

sufficient

express waiver has been given, and there has

been no showing of

delay

justifying

an

implied waiver.

Therefore,

the condition precedent to

the intervention

request

has not been

met, and the motion

to

intervene

is, by

its own

terms, not before

the

Board.

52-431

---

The Board notes

that the County of LaSalle, et al., are

permitted to participate

in these

proceedings as members of the

public pursuant to

35

III. Adm.

Code 103.203.

IT

IS SO ORDERED.

I, Dorothy

M, ~

Clerk of

the Illinois

Pollution

Control

Board,

hereby certi:~

ihat

the above Order was adopted on the

~

day of

:~±±‘~

,

1985 by a

vote of

J-~

~C1~k

Illinois

Pollution

Control

Board