ILLINOIS POLLUTION CONTROL BOARD

August 17,

1990

CITY OF OGLESBY,

)

Petitioner,

V.

)

PCB 86—3

(CSO Exception)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE

BOARD

(by J. Anderson):

On August

9,

1990,

the Board issued an order granting the

Illinois Environmental Protection Agency’s (“Agency”)

“Request

for Time

to Respond to Petitioner’s Amended Petition”.

The Board

directed the Agency to file its response

to the City of Oglesby’s

(“Oglesby”) Amended Petition on or before August

23,

1990.

On

August 14,

1990,

the Agency filed a Motion for an Extension of

Time,

requesting

the Board to grant

it until September

7,

1990,

to file its response.

In support

of its motion,

the Agency

states that its attorney

in this matter

is attending public

hearings in another regulatory proceeding.

Such hearings are

being held

in six locations across the State of

Illinois between

August 14,

1990 and August

24,

1990.

The Board notes that Oglesby’s 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 the Agency’s motion would result

in undue

delay.

Accordingly,

the Board hereby grants the Agency’s Motion

for an Extension of Time, and directs the Agency to file its

response on or before September

7,

1990.

IT IS SO ORDERED.

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify fthat

the above Order was adopted on

the

/‘~7’~day of

____________

,

1990,

by a vote of

t’~~)

~

Dorothy

M. Gunn,

Clerk

Illinois Pollution Control Board

ii4

4~I