ILLINOIS POLLUTIO~’1CONTROL BOARD
July 14,
1983
ALTON PACKAGING CORPORATION,
Petitioner,
V.
)
PCI3 83—49
tLLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF
THE BOARD
(by J.D.
Dumelle):
This matter comes before the Board
upon
a July
11,
1983 motion
for extension of time
to file variance recommendation filed by
the Illinois Environmental Protection Agency
(Agency).
An earlier,
nearly identical motion, was denied by order of June
2,
1983.
The
recommendation should have been filed by May 13,
1983.
The Agency
now requests that it be allowed to file
its recommendation on or
before August 15,
1983.
Decision
is presently due by July
30,
1983
pursuant to a June 30,
1983 waiver by Alton Packaging of its right
to a decision until that date.
Oddly,
the Agency purport3
to
waive
its right to
a decision to September
12,
1983.
The Board first notes
that the Agency has
no right to
a
decision to waive.
That right runs
to the variance petitLoner
alone.
Here,
such waiver is until July
30.
However, unlike its
first motion, the Agency’s present motion indicates that
Alto.n
Packaging has no objection
to the extension of
time.
Ass~iminq
the truth of that allegation,
Alton Packaging must necessarily
agree to a ~
tanto waiver of its right
to a decision pursuant
to 35 111. Mm.
Code 103.143(b).
Therefore, the Board construes Alton Packaging’s
lack of
objection
to the motion as its consent
to waive the decision date
until November
1,
1983.
The motion
for extension of time
is
hereby granted until August 15,
1983.
I,
Christan L. Moffett, Clerk of
the Illinois Pollution
Control Bp.~rdhereby certify that the above Order was adopted on
the
jq
_________day of
____
,
1983 by
a
vote
_____
trol Board
53-15