ILLINOIS POLLUTION CONTROL BOARD

May 10,

1990

CITIZENS UTILITIES COMPANY

)

OF ILLINOIS,

Petitioner,

PCB 88—151~

v.

)

(Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

This matter comes before the Board upon

a Motion for

Extension of Time filed by the Illinois Environmental Protection

Agency

(“Agency”)

on April

30,

1990.

In its motion,

the Agency

requested an extension of time, until May 18,

1990,

to respond to

a Motion for Reconsideration filed by Citizens Utilities Company

of Illinois

(“Citizens”)

on April

10,

1990.

Citizens filed an

Objection to the Agency’s motion on May

1,

1990.

In its

objection,

Citizens argued that the Agency’s motion should be

denied because the Agency failed to file its motion within

14

days from the filing of Citizens’ Motion for Reconsideration,

as

is required by 35 Ill.

Adin.

Code 101.246.

The Board notes that,

pursuant to 35 Ill.

Adin. Code 101.102(d),

the Agency’s filing was

two days late.

However,

in this instance, the Board has

determined to accept the Agency’s motion because of

its need to

make

a

fully informed decision with regard to Citizens’

Motion

for Reconsideration.

The Board,

therefore, grants the Agency’s

motion for an extension of time to file its response and directs

the Agency to file the response on or before May 18,

1990.

IT IS SO ORDERED.

Board Members

J. Theodore Meyer and R.

Flemel dissented.

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted

on the

_________

day of

-_________________

,

1990,

by

a vote of

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Dorothy

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Gunn,

Clerk

PollutioiY Control Board

1

11

—

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