ILLINOIS POLLUTION CONTROL BOARD

October

1,

1992

IN THE MATTER OF:

PETITION OF THE CITY OF

ROCK ISL?~NDFOR AN

ADJU~TED

STANDARD FROM

35 ILL.

ADM.

CODE 304

)

)

)

1

)

)

AS 91—13

~(Adjuste&~Standard)

ORDER OF THE BOARD

(by R.

C. Flemal):

On September 3,

1992,

the Board ordered the Agency to file

its response to the petition in this matter by October

9,

1992.

On September 22,

1992,

the petitioner filed a motion to modify

the Board order stating that the Agency has requested to review a

report to be sumitted by the petitioner’s consultant,

ECOSEARCH,

prior to filing its response.

The motion requests that the

Agency be given 60 days after the Agency’s receipt of the report

to file its response.

The motion states that the final draft of

the report is due to Rock Island by September 25,

1992.

The

petitioner estimates that the Agency will receive the report “by

the end of the month”

(motion at 2.)

The Board further notes

that on August 31,

1992,

the petitioner filed a waiver of the

decision due date until June 17,

1993.

Inasmuch as the date of the Agency’s receipt of the

ECOSEARCH report continues to be unknown, the

Board cannot grant

the relief as requested.

However, since the draft report is

expected to be received by the Agency by September 30,

1992, the

Agency shall submit its response to the petition by December 1,

1992.

The Board notes that when requesting changes in any

deadline dates,

a waiver to a calendar date certain

is required

and that contingent waivers are not acceptable.

(See 35

Ill.

Adin. Code 101.105 pertaining to waivers of final Board action).

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk

Board, hereby certi~t~~~the

/.~2~4-

day of

_________________

of the Illinois Pollution Control

above order was adopted on the

_______,

1992 by a vote of

70

0136-0263

Control Board