ILLINOIS POLLUTION CONTROL BOARD
    September
    13, 1990
    TAZEWELL COUNTY AND
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    AC 90—40
    v.
    )
    (Administrative Citation)
    (Tazewell Docket No. 90—EH—3)
    STEVE ZIMMERNAN and
    WASTE LTD.,
    INC.,
    Respondents.
    ORDER OF THE BOARD
    (by J. Anderson):
    On July
    27,
    1990, Steve Zimmerman and Waste Ltd.,
    Inc.
    (“Z &
    W”)
    filed a Motion to Dismiss.
    At the July 31,
    1990 hearing
    in
    this matter, Tazewell County
    (“Tazewell’t)
    made
    a
    “Motion to
    Strike or Disallow Respondent’s Motion to Dismiss”.
    On August
    31,
    1990, Tazewell filed a “Memorandum in Support of
    Complainant’s Motion to Strike or Disallow Respondents’ Motion to
    Dismiss”.
    On September
    10,
    1990,
    Z
    & W filed a “Motion for Extension
    of Time”, requesting
    that
    the Board grant them a seven day
    extension (from September
    9,
    1990
    to and including September
    16,
    1990)
    to file their post—hearing brief and to respond to the
    Tazewell’s “Memorandum in Support of Complainant’s Motion
    to
    Strike or Disallow Respondent’s Motion to Dismiss”.
    In support
    of their motion,
    z
    & W state
    that they were unable to file their
    post-hearing brief by the September
    9,
    1990 deadline because
    the
    attorney who tried the case has left the firm that represents
    them.
    At the outset, the Board notes that
    35 Ill. Adm. Code
    101.220(1) and 101.247(a) authorize the Hearing Officer
    to grant
    motions
    for extension of
    time, and that 35
    Ill. Adm. Code
    101.241(b) states that
    the Board will not rule on a motion before
    the expiration of
    the seven day response period unless undue
    delay or material prejudice will result.
    The Board hereby grants
    the Motion for Extension because
    Z
    & W state
    that their response
    will be contained
    in either
    a separate document or
    in their post—
    hearing brief,
    the requested extension will terminate before the
    Board’s September
    27,
    1990 meeting, and because
    the Board issued
    an order on August
    30,
    1990,
    directing Tazewell and the Illinois
    Environmental Protection Agency (“Agency”)
    to respond to the
    Motion
    to Dismiss by September
    20,
    1990.
    The Board also will
    allow
    Z
    & W to
    reply
    to the Agency’s September
    20,
    1990
    response.
    Such reply must
    be filed with the Board no
    later
    than
    October
    1,
    1990.
    IT
    IS SO ORDERED.
    115-3 1
    —2—
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify, that the above Order was adopted on
    the
    /~rTT~dayof
    ~
    ,
    1990, by
    a vote of
    7—c~
    J
    :~7.
    ~
    -~
    Dorothy
    M.
    G’unn, Clerk
    Illinois Pollution Control Board
    115—32

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