ILLINOIS POLLUTION

CONTROL BOARD

April 4,

1996

J.M. SWEENEY,

CO.,

)

)

Petitioner,

)

)

PCB96-184

V.

)

(Variance

-

Air)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY.

)

)

Respondent.

)

ORDER OF THE BOARD

(by J.

Theodore Meyer):

On March

25,

1996

the Illinois Environmental Protection Agency

(Agency) filed a

Motion for Extension of Time

in Which to File Recommendation.

The Agency

states that

J.M.

Sweeney

(Sweeney) filed its

petition with the Board on February 28,

1996

but did

not

serve

the Agency until

March

21,

1996.

The Agency

recommendation is

due within

30 days

after the filing of the petition.

(35

Ill.

Adm.

Code

104.180(a) (1994).)

In this

case the

Agency

recommendation was due

on

or before March 29,

1996;

however,

due to

Sweeney’s

error,

the Agency

states that it was unprepared to

file its

recommendation in a timely manner.

Therefore

the Agency requests

an extension of time to file its

recommendation.

On April 2,

1996 Sweeney filed its response to the Agency’s motion,

stating

that it had no objection to

the

Agency’s request.

Sweeney also

requested that the record

in

its

original variance case, PCB

94-297,

be incorporated by

reference in the current proceeding.

The Board grants the Agency’s request for an extension of time

and directs it to file its

recommendation on or before May 1,

1996.

The Board

also

grants Sweeney’s request to

incorporate by

reference the record

in PCB 94-297.

IT IS

SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Po)4ution Control Board,

hereby certify

that

the above order was adopted on the

_____

day of

~

1996,

by a vote of

7

~

.

Dorothy M.

Gu,n~

Clerk

Illinois Pollutio~

Control Board