ILLINOIS POLLUTION CONTROL~BOARD
    May 7,
    1992
    SHELL OIL
    COMPANY,
    Petitioner,
    v.
    )
    PCB 90—27
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board on an April 22, 1992 motion
    to file instanter
    a
    status report filed on behalf of petitioner
    Shell Oil Company.
    This petition was filed with the Board on March
    5,
    1990.
    On January
    29,
    1992,
    the parties filed
    a joint status
    report.
    On February 6,
    1992, the Board ordered the parties to file
    another status report with the Board to be received by the Board no
    later than April
    6,
    1992.
    Petitioner asserts that the attorney
    assigned to this matter was on sick leave from January
    30,
    1992
    until
    April
    16,
    1992.
    Additionally,
    the
    Board’s
    order
    was
    inadvertently placed in a file and was not discovered until the
    attorney returned.
    Finally,
    the attorney was unable to contact
    respondent’s
    attorney
    prior
    to
    the
    filing
    of
    this
    motion.
    Petitioner’s motion to file the status report instanter is hereby
    granted.
    The status report indicates that the petitioner has not yet
    received the Illinois Environmental Protection Agency’s
    (Agency)
    variance recommendation, or any written response to its mixing zone
    study that was submitted to the Agency on May 17,
    1991.
    The Board
    notes that the Agency recommendation is over two years late.
    The
    Board also notes that there has been no request for an extension of
    the time
    in which to file the Agency recommendation.
    Therefore,
    the Board directs the Agency to file its variance recommendation
    with the Board to be received by the Board no later than 30 days
    from the date of this order.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    7~TZ
    day of
    ____________________,
    1992,
    by a vote of
    7-a
    (/7
    ~
    ~Dorothy
    M. ~inn, Clerk
    Illinois.Po~lutionControl Board
    133—217

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