ILLINOIS POLLUTION CONTROL BOARD

September 15, 1994

J. I. CASE COMPANY,

)

Petitioner,

v.

)

PCB 94—223

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by N. McFawn):

On August 25, 1994, respondent Illinois Environmental

Protection Agency (Agency) filed a motion to dismiss this matter,

claiming that the Board does not have jurisdiction to hear this

appeal. On August 31, 1994, petitioner 3. 1. Case Company filed

a motion for extension of time to respond to the motion to

dismiss, with a supporting affidavit. Petitioner seeks an

extension until September 12, 1994. Petitioner had previously

filed a waiver on August 23, 1994, extending the decision

deadline until March 17, 1995.

In support of its motion for extension of time, petitioner’s

attorney states that the press of other business will prevent him

from completing a response to the motion to dismiss by the

applicable due date. Petitioner also states that respondent does

not object to the grant of the requested extension.

The request for an extension of time until September 12,

1994 to file a response to the motion to dismiss is hereby

granted. The Board expresses no opinion on the merits of the

motion to dismiss at this time. The Board notes that it received

petitioner’s response to the motion to dismiss on September 12,

1994.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted ~n the

/~5’~/_-

day of

____________________,

by a vote of

_____________

//

~

U.

Dorothy M. G,xØrn, Clerk

Illinois Po~1/Lution Control Board