ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1993
    VILLAGE OF NORTH AURORA,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—164
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board on an October 20, 1993,
    motion to file the recommendation instanter filed by the Illinois
    Environmental Protection Agency (Agency). Petitioner filed a
    petition for extension of variance with the Board on September 3,
    1993, and the Agency received notice on September 8, 1993.
    Pursuant to 35 Ill. Adm. Code 104.180(a), the Agency recommendation
    is to be filed with the Pollution Control Board within 30 days “of
    the filing of the petition”. The recommendation was therefore due
    to be filed on October 3, 1993. This motion and the recommendation
    were filed 47 days after the petition was filed, and are 17 days
    late.
    The Board notes that petitioner has waived the decision
    deadline in this matter 30 days, until February 3, 1994. The Board
    concludes that petitioner will suffer no prejudice by the granting
    of this motion. In addition, the Board notes that given the
    decision waiver, there exists sufficient time for the Board to
    properly consider this matter. Therefore, the Agency’s motion to
    file the recommendation instanter is hereby granted.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby,~e~tifythat the above order was adopted on the
    _____
    day of
    ____________________,
    1993, by a vote of
    ~
    ~
    Dorothy M. qunn, Clerk
    Illinois Pollution Control Board

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