ILLINOIS POLLUTION CONTROL BOARD
    February 27, 1992
    THE GRIGOLEIT
    COMPANY,
    Petitioner
    )
    v.
    )
    PCB 92—23
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    Currently before the Board are 1) Grigoleit Company’s
    (“Grigoleit”) February 11, 1992 petition to appeal the Illinois
    Environmental Protection Agency’s (“Agency”) imposition of
    several conditions on its January 7, 1992 operating permit,~.2) a
    motion for
    stay,
    3) Grigoleit’s February 11, 1992 third motion
    for sanctions, and 4) the Illinois Environmental Protection
    Agency (“Agency”) February 24, 1992 motion for an extension of
    time to respond to Grigoleit’s motion for sanctions.’
    In its motion for extension of time, the Agency requests
    that the Board grant it until March 5, 1992, to file its response
    to Grigoleit’s motion for sanctions. In support of its motion,
    the Agency attorney states that she was assigned this case on
    February 17, 1992, and has no prior knowledge of the history of
    this case. In the motion for stay, Grigoleit requests that this
    matter be stayed pending a ruling on its motion for sanctions in
    PCB 89—184.
    35 Ill. Adin. Code 101.241(b) prohibits the Board from
    granting any motion before the expiration of the 7-day response
    period unless undue delay or material prejudice would result.
    •Because the Agency requests an extension until March 5, 1992, and
    the Board’s next meeting is scheduled for March 12, 1992, the
    Board hereby grants the Agency’s motion in order to avoid undue
    delay and will reserve ruling on the motion for sanctions. The
    Agency’s response must be received by the Board no later than
    March 5, 1992.
    The Board, however, will reserve ruling on the motion for
    1Although the motion for sanctions and the motion for extension
    of time were filed in PCB 89-184, the Board transferred the motions
    to the instant docket. (see Board’s February 27, 1992 Order in PCB
    89—184)
    130—325
    2
    stay because Grigoleit’s petition is deficient. In the body of
    the petition, Grigoleit states that it is incorporating certain
    portions of the record in PCB 89-184 in this cause. At the
    conclusion of the petition, however, Grigoleit states that it is
    incorporating PCB 89-184 in its entirety. The Board asks that
    Grigoleit specify the material that is to be incorporated. Once
    having done this, Grigoleit’s should file four copies of the
    material to be incorporated as is required by 35 Ill. Adm. Code
    101.106(a). If Grigoleit does not cure the above deficiencies
    via an amended petition to be filed within 45 days of the date of
    this Ord’er, this matter will be subject to dismissal. The Board
    notes that the filing of an amended petition will restart the
    Board’s time clock for decision.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution control
    Board hereby certify that the above Order was adopted on the
    ~7Z7J
    day of
    _________________,
    1992, by a vote of
    7)
    ~7~:~)
    Dorothy M. ,~inn, Clerk.
    Illinois P~,llutionControl Board
    130—326

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