ILLINOIS POLLUTION CONTROL BOARD
    May 2, 1996
    FREIGHTLINER OF CHICAGO, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-28
    (UST Fund)
    ORDER OF THE BOARD (by E. Dunham):
    On April 25, 1996 the Illinois Environmental Protection Agency filed a “Motion for
    Extension of Time to File Agency Record”.
    Pursuant to 35 Ill. Adm. Code 105.102(a)(4), the Agency record is to be filed with the
    Pollution Control Board within 14 days “upon notice of the petition”. The Agency states that
    it received notice of the petition on or about October 23, 1995. The record was therefore due
    to be filed on November 6, 1995. The Agency requests a grant of extension to any date not
    less than 21 days prior to hearing.
    The Agency claims that no prejudice will attach to Freightliner of Chicago, Inc.
    (Freightliner) if the motion is granted because petitioner is already in possession of the
    majority of the documents which would constitute the Agency record. The Board has received
    no response from Freightliner. No hearing has yet been set in this matter and Freightliner
    filed an open waiver of the Board’s decision deadline. According to the Agency, the parties
    believe that litigation may be avoided due to discussions leading to a negotiated settlement.
    The Board hereby grants the Agency until 30 days prior to hearing in this matter to file
    the complete Agency record.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the ____ day of __________, 1996, by a vote of __________.
    __________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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