ILLINOIS POLLUTION CONTROL BOARD
    June
    7,
    1990
    CITY OF BATAVIA,
    )
    Petitioner,
    v.
    )
    PCB 89—183
    (Variance)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter
    is before
    the
    Board
    on
    petitioner the City
    of
    Batavia’s
    (Batavia) motion for leave to add additional counsel and
    to
    file supplemental
    exhibits,
    filed June
    4,
    1990.
    Batavia asks
    that
    it
    be granted leave to file two additional exhibits:
    a letter
    from
    Batavia’s
    attorney
    which
    updates
    Batavia’s
    progress
    in
    obtaining properties necessary for new wells, and a letter from the
    city
    engineer
    giving
    radium
    levels
    of
    additional
    water
    samples.
    The
    letter
    from
    the
    city
    attorney
    states
    that
    Batavia
    has
    entered
    into
    a
    contract
    for
    the
    purchase
    of
    one
    of
    the
    sites
    necessary
    for
    the compliance
    plan,
    and that Batavia
    and the owner
    of
    another
    piece
    of
    property
    have
    reached
    a
    settlement
    and
    expect
    that
    settlement to be approved within
    30 days.
    The Board
    notes
    that
    the Illinois Environmental Protection
    Agency’s
    (Agency)
    time
    to
    respond
    to
    this motion
    has
    not
    yet
    expired, and that the Board’s procedural rules state that it will
    not grant
    a motion before the expiration of the response period,
    unless
    undue
    delay
    or
    material
    prejudice
    will
    result.
    (35
    Ill.Adm.Code
    101.241(b).)
    The Board
    finds
    that deferring ruling
    on Batavia’s motion would result in undue delay,
    and hereby grants
    Batavia’s motion to add additional counsel and file new exhibits.
    The Agency may respond to the additional information submitted by
    Batavia
    by
    June
    25,
    1990.
    Batavia
    shall
    submit
    a
    copy
    of
    an
    executed
    contract
    for
    purchase
    of the
    “Harris
    Bank”
    property,
    referred to
    in the city attorney’s
    letter, by July
    9,
    1990.
    Because the additional exhibits submitted by Batavia contain
    new
    information,
    the
    Board
    construes
    the
    filing
    as
    an
    amended
    petition.
    Therefore, the decision deadline restarts as of June
    4,
    1990.
    The
    Board
    notes
    that
    it
    has
    previously
    granted
    Batavia’s
    motion
    for expedited decision,
    however,
    and intends
    to
    reach
    a
    final
    decision
    on
    this
    case
    in
    July
    1990.
    I
    12—17
    2
    IT IS SO ORDERED.
    B. Forcade dissented.
    I,
    Dorothy M.
    Gunn,
    hereby cer
    fy that the above Order was
    adopted on the
    7z7~
    day of
    ________________,
    1990,
    by a vote
    of
    ~.-/
    .
    ~
    ~.
    4~
    Dorothy M/Gunn,
    Clerk
    Illinois P’ollution Control Board
    112—18

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