ILLINOIS POLLUTION CONTROL BO?~RD
    October 21, 1993
    CP INORGANICS,
    Petitioner,
    v.
    )
    PCB 93—140
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On October 14, 1993, the Illinois Environmental Protection
    Agency (Agency) filed a “Motion for Extension of Time to File
    Agency Record”. On October 20, 1993, the Agency filed a motion
    to correct its prior motion and a renewed motion for extension of
    time to file. The first motion requested a 120 day extension for
    the filing of the Agency record and noted that the petitioner
    intended to file an open waiver. In its motion to correct the
    Agency notes that it has been informed by the petitioner that an
    open waiver will not be filed. The renewed motion for extension
    of time requests a 60 day extension for the filing of the Agency
    record. The Board grants the Agency’s motion to correct its
    October 14, 1993 motion.
    The record in this matter was due to be filed on October 15,
    1993. The Agency requests an additional 60 day extension. The
    Agency notes that negotiations are ongoing between the petitioner
    and the Agency. The Agency maintains that substantial resources
    would be required to prepare and submit the record. On October
    13, 1993, the petitioner filed an additional waiver of the
    Board’s decision deadline. The waiver extended the decision
    deadline from February 1, 1994 until April 1, 1994.
    The Board grants the Agency an extension for 60 days as
    requested by the Agency. The Agency record is now due to be
    filed on or before December 14, 1993.
    In addition the Board notes that a hearing schedule must be
    established at least 120 days before the decision deadline.
    Given the current decision deadline of April 1, 1994 hearings
    must be scheduled by December 2, 1993 or an additional waiver of
    the decision deadline must be provided. The Board notes that 120
    days is required due to the notice requirements for the hearing
    and to allow adequate time for receipt and review of the
    transcript and any briefs by the Board before the decision
    deadline.
    It is the responsibility of the petitioner to provide
    adequate waivers and proceed with the matter in a timely fashion,
    2
    yet not to cancel hearings after notice has been published
    without substantial justification. Failure to provide the Board
    with an adequate waiver or cancellation of noticed hearings may
    subject this matter to dismissal for want of prosecution.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that ~e above order was adopted on the
    ~
    day of
    ___________________,
    1993, by a vote of
    7-a.
    Dorothy M.,4unn, Clerk
    Illinois F(oAdution Control Board

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