ILLINOIS POLLUTION CONTROL BOARD
    March 8,
    1990
    THE GRIGOLEIT COMPANY,
    Petitioner,
    V.
    )
    PCB 89-184
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is before the Board
    on several motions
    filed by
    both
    petitioner
    Grigoleit
    Company
    (Grigoleit)
    and
    respondent
    Illinois Environmental Protection Agency (Agency).
    It appears that
    the
    only
    motions
    which
    are ripe
    for decision
    at
    this
    time
    are
    Grigoleit’s March 2,
    1990 motion to dismiss the Agency’s motion to
    reverse the hearing
    officer’s
    order and the Agency’s motion
    for
    leave
    to
    file
    its
    interlocutory appeal
    instanter.
    Grigoleit’s
    request that the Board
    “strike and dismiss” the Agency motion
    is
    based upon
    Grigoleit’s
    contention
    that the Agency
    “refused”
    to
    comply with
    the
    Board’s
    procedural
    rules
    by
    failing
    to
    file
    a
    written motion to appeal the hearing officer’s order.
    See 35 Ill.
    Adm.
    Code
    101.247.
    Grigoleit
    asks
    that
    the
    Board
    strike
    the
    Agency’s motion and impose
    sanctions.
    In
    response,
    the Agency
    states that
    its noncompliance with the rule requiring
    a written
    motion to file its motion to reverse was inadvertent, and that it
    has now filed a motion for leave to file its interlocutory appeal
    instanter.
    Grigoleit’s motion to dismiss the Agency’s motion
    is denied.
    Although
    the Agency
    did
    initially
    fail
    to
    comply
    with
    Section
    101.247, the Board finds that the Agency has now complied with that
    rule,
    and that neither Grigoleit nor the Board
    has suffered
    any
    prejudice by the Agency’s delayed compliance with the requirement.
    Because the Board finds
    that the Agency’s failure to
    immediately
    comply
    with
    the
    rule
    was
    inadvertent
    and
    nonprejudicial,
    Grigoleit’s request
    for sanctions
    is also denied.
    The Agency’s
    motion
    for
    leave
    to
    file
    its interlocutory
    appeal
    instanter
    is
    granted.
    The
    Board
    will
    address
    the merits
    of
    the
    remaining
    motions at a later date,
    after all response times have run.
    109—293
    IT IS SO ORDERED.
    I,
    Dorothy M. ~unn,
    hereby certify that the above Order was
    adopted
    on the
    ~
    day of
    _______________,
    1990,
    by a vote
    of
    ~
    .
    /.
    /
    /
    ‘~-
    /,/
    7
    /
    I~
    ~
    /
    /
    /
    Dorothy M.. dunn,
    Clerk
    Illinois P~1lutionControl Board
    1O9~294

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