ILLINOIS POLLUTION CONTROL BOARD

June 6,

1991

CITIZENS UTILITIES COMPANY

OF ILL~.NOIS,

Petitioner,

V.

)

PCB 85—140

(Permit Ap~ea1)

ILLINOIS ENVIRONMENTAL

PROTEC~’IbNAGENCY,

Respondent.

ORDER OF THE BOARD

(by M. Nardulli):

This matter comes before the Board on a motion t.o vacate order

and.decide this matter on petitioner’s brief filed June 3,

1991. by

Citizens

Utilities

Company

(Citizens).

On

June

6,

~L991, the

Illinois

Environmental

Protection

Agency

(I~gencJ)

fi~1ed its

respon!~e.

Because the Agency’s brief is

duct ~o be filed no later

than June 10,

1991, the Br~ardtoday rules on Citizens’ motion.

The

Agency

correctly

r~otes in

its

response that

Citizens

agreed

to two prior Agency motions

for extension of

time.

The

Agency recognizes the delay in filing its brief, but states that

the attorney assigned to this case recently had

a death

in the

family and has been di.x~ently~workingto ~aup~with•the~baczklog

created

by

her

absenee..

Based upon the

~xtreine c~rcuin~tances

presented here,

Citizens;’ motion to vacate the prior Board order

and decide this case

without the Agency’s brief is hereby denied.

IT IS SO ORDERED.,

I,

Dorothy M.

Gunn,

Clerk of the

IJd.~ifl~4S

Pollution Control

Board, hereby

rtify that the above Order was~a~c~pted

on the

/~Z~dayof

________

,

1991 by a vote of

/—c~

—

~

p27.

Dorothy

M. ç~n,Cl~i~k

Illinois Po~~!1ution

Contro.L,Board

123—01