ILLINOIS POLLUTION CONTROL BOARD

May 10, 1990

MINNESOTA MINING AND

MANUFACTURING COMPANY,

Petitioner,

v.

)

P02 90-45

(Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by R. C. Flemal):

This matter comes before the Board upon the April

23,

1990

motion of Petitioner to su~p1emenr its Petition for Variance, as

originally filed on April 2, 1990. This motion is granted.

As a subsidiary matter, the Board notes Petitioner’s belief

that the supplement to the Petition does not constitute an

Amended Petition. However, as a general rule, any filing of new

information by a petitioner constitutes an

Amended

Petition

which, among other matters,

resets

the 120-day decision clock

(e.g., City of Mt. Olive v. IEPA, PCB 83—9, 54 PCB 101; Mobil Oil

Co.

v. IEPA, PCB 84—37, 60 PCB 41; Marathon Petroleum Corp. v.

IEPA, PCB 85—83, 66 P03 25; City of Geneva v. IEPA, PCB 86-225,

78 PCB 11 and 78 PCB 378; City of Springfield v. IEPA, PCB 88—

113, 92 PCB 483). The 120—day decision clock shall accordingly

be calculated as tolling from April 23, 1990.

IT IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adooted on

the

/~‘

~day

of

___________________

,

1990, by a vote

of

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(~7

:-~

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Dcrorhy M.

G~tn, Clerk

Lllinois ?oliution

Control Board

ii ~13~