ILLINOIS POLLUTION CONTROL BOARD
    August 9, 1990
    CITY OF BRAIDWOOD,
    )
    Petitioner,
    PCB 89—212
    V.
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    Currently before the Board in this case are 1) a “Motion for
    Extension of Time to File a Motion to Reconsider the Decision of
    the Illinois Pollution Control Board and/or Extension of Time for
    Appeal to the Third District Appellate Court at Ottawa, Illinois”
    filed by the City of Braidwood (Braidwood) on July 26, 1990, and
    2) a letter filed on behalf of Braidwood Construction by Messrs.
    John Dixon, Sr. and John Dixon, III on August 6, 1990. Both
    documents come in response to the Board’s June 21, 1990 Opinion
    and Order whereby it denied Braidwood’s request for variance
    relief from the requirements of 35 Ill. Adm. Code 602.105,
    “Standards of Issuance”, and 602.106(b), “Restricted Status”.
    Braidwood’s Motion for Reconsideration
    Braidwood requests that the Board grant it a 30 day
    extension in which to file either a motion for reconsideration
    and/or appeal. In support of such motion, Braidwood states that
    its attorney is unable to timely file a motion for
    reconsideration and/or appeal because he has recently undergone
    surgery for injuries sustained in a recent accident. The Agency
    has been informed of the situation and does not object to the
    motion.
    At the outset, the Board notes that it does not have the
    authority to grant a petitioner an extension of time to file an
    appeal. Such a matter is in the purview of the appellate court.
    Based upon the foregoing information, however, the Board will
    grant Braidwood’s motion for extension so that it can file a
    motion for reconsideration before the Board. Accordingly, the
    Board directs Braidwood to file its motion for reconsideration on
    or before August 27, 1990.
    Braidwood Construction’s Letter
    Braidwood Construction claims that it is suffering a
    hardship as a result of the Board’s denial of variance, and
    requests that it be allowed to hook on to Braidwood’s existing
    watermains. Evidently, Braidwood Construction has recently built
    114---37
    2
    a home and is now unable to obtain water for it. There is no
    indication that the letter has been sent to the parties.
    In order to move forward in this matter, the Board will
    construe Braidwood Construction’s letter as a motion for
    reconsideration. The Board hereby denies the motion, however,
    because Braidwood Construction is not a party to this proceeding
    and, therefore, has no standing to make a hardship claim.
    Braidwood Construction may wish to file its own petition for
    variance or contact Braidwood about its situation. If Braidwood
    Construction chooses to file a petition, however, it will have to
    join Braidwood as a party. Moreover, such an action will be
    subject to the relevant provisions of the Illinois Environmental
    Protection Act and the Board’s procedural rules.
    As a final note, the Board will forward the letter to the
    parties. The Board will also send a copy of this order to
    Braidwood Construction as well as to Braiciwood.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    c772
    herebyday certifyof
    _______________,
    that the above Order1990
    bywasa voteadoptedof
    on
    ~the
    ____
    ~
    ~1
    Dorothy M. Gunr~, Clerk
    Illinois
    Pollution Control Board
    11 •‘—~~

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