ILLINOIS POLLUTION CONTROL BOARD
December
3,
1992
REICHHOLD
CHEMICALS,
INC.,
)
)
Petitioner,
)
v.
)
PCB 92—98
)
(Underground Storage Tank
ILLINOIS ENVIRONMENTAL
)
Fund Determination)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF THE
BOARD
(by J. Anderson):
On November 23,
1992, Reichhold Chemicals,
Inc.
(Reichhold)
filed a motion for leave to file its post-hearing reply brief
instanter.
On December
2,
1992, the Illinois Environmental
Protection Agency filed a motion for leave to file a reply brief
instanter.
Pursuant to the hearing officer’s September 24,
1992
scheduling order, Reichhold’s post-hearing brief was to be filed
by October 21,
1992,
the Illinois Environmental Protection
Agency’s
(Agency) response brief was to be filed by November 9,
1992,
and Reichhold’s reply brief was to be filed by November 18,
1992.
On November 12,
1992,
the Illinois Environmental Protection
Agency
(Agency) filed a motion for leave to file its response
brief instanter.’
The Board granted the Agency’s motion on
November 19,
1992.
In its motion to file instanter, Reichhold
notes that the Agency,
in its November 12,
1992 motion,
acknowledged that the Agency would have no objection to Reichhold
filing its reply brief instanter.
The Board hereby grants Reichhold’s motion.
As for the
Agency’s motion, the Board notes that Reichhold has not yet had
an opportunity to respond to the motion.
Because this matter is
due on December 17,
1992,
and in order to provide Reichhold with
the opportunity to respond, the Board will take the Agency’s
motion with the case.
IT IS SO ORDERED.
1This motion was date-stamped on November 13,
1992.
35 Ill.
Adm. Code 101.102(d), however, provides that if the Board receives
a document
is received after
the due date,
the date
of mailing
shall be deemed the date of filing.
0137-0553
2
I, Dorothy N.
Gunn, Clerk of the Illinris Pollution Control
Board, hereby certify that the above order was adopted on the
~
day of
/~‘
~
,
1992,
by a vote of
Dorothy N. ,4unn, Clerk
Illinois Pollution Control Board
0i37-055~