ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
DM1,
INC.,
Petitioner,
PCB 90—227
V.
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(R.C.
Fleinal):
On
October
21,
1991
the
Petitioner
filed
a
Motion
for
Expedited Decision.
In
support
of
its
motion,
the
Petitioner
states that it had filed an open waiver of decision deadline within
the specified timefraine pursuant to the Board’s request.
The Board
had requested a waiver due to fiscal difficulties occurring after
the filing of the petition.
The Petitioner further states that the
Agency agrees that the Petitioner should receive a variance however
such variance should not be retroactive.
Thus,
according to the
Petitioner
every
additional day
of
delay
is potentially highly
prejudicial to the Petitioner.
The Board notes that it is ruling on this motion prior to the
expiration
of
the response
time
to
avoid
undue
delay
in
this
proceeding.
The Board will grant the Petitioner’s motion subject
to constraints imposed by the Board’s workload and resources.
IT IS SO ORDERED.
Board Member
J.D.
Duinelle concurred.
I, Dorothy N.
Gunn,
Clerk
of the Illinois Pollution Control
Board
hereby cert
the above Order was adopted on the
LT~aayof
,
1991 by a vote
of
7—ô
Dorothy N.
Illinois
P0.
Control Board
126—595