ILLINOIS POLLUTION CONTROL BOARD
    April 21, 1994
    CONCERNED CITIZENS FOR A
    )
    BETTER ENVIRONMENT,
    Petitioner,
    )
    PCB 94—44
    v.
    )
    (Landfill Siting Review)
    CITY OF
    HAVANA
    and SOUTHWEST
    ENERGY
    CORPORATION,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by G. T. Girard):
    On April 14, 1994, petitioners filed a “Motion for
    Continuance” with the Board. On April 18, 1994, Southwest Energy
    Corporation responded to the motion. Petitioners request a
    continuance in order to receive testimony from Mr. John Kirby,
    president of Southwest Energy Corporation, who was unable to
    testify at the April 6, 1994 hearing due to illness. Respondents
    oppose a continuance.
    Respondent’s properly point out that the hearing officer in
    this matter denied a motion to continue made at hearing by the
    petitioner. The hearing officer determined that Mr. Kirby was
    not an indispensable party in this matter. (Tr. at 261.) Thus,
    the petitioner is in effect asking the Board to overturn a
    decision of the hearing officer. The Board is not inclined to do
    so in this instance.
    The Board further, notes that this case is required to be
    decided within 120 days of filing by statute. (See, 415 ILCS
    5/40.1.) The respondent is the only party which may extend the
    decision deadline in this case. After reviewing the pleadings
    and the record, the Board finds that the fact that Mr. Kirby did
    not testify does not prejudice the petitioners. Therefore, the
    Board denies the motion to continue and affirms the hearing
    officer’s decision denying a continuance.
    2
    IT IS SO ORDERED.
    Chairman Claire A. Manning abstains.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certi that ~he above order was adopted,on the
    ~
    day of ~
    ,
    1994, by a vote of
    -~ ~
    Control Board

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