ILLINOIS POLLUTION CONTROL BOARD
    May 24,
    1990
    CITIZENS UTILITIES COMPANY
    )
    OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 88—151
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board on the May 22, 1990
    filing of a “Motion for Leave to File a Reply to IEPA’s Response
    to Motion for Reconsideration and Verification” from Citizens
    Utilities Company of Illinois (“Citizens”).
    In support of its
    motion,
    Citizens states that the Illinois Environmental
    Protection Agency’s
    (“Agency”)
    response to Citizens’ Motion for
    Reconsideration contains several distortions,
    misstatements,
    and
    mischaracterizations.
    Citizens argues that a reply to the
    Agency’s response is necessary in order to correct the record and
    allow the Board to make a fully informed decision in the matter
    but that its legal counsel is out of town until May 29,
    1990.
    The Board grants Citizens motion and directs Citizens to file its
    reply with the Board on or before June
    1,
    1990.
    The Board notes that Citizens,
    in its paragraph
    4 of its
    motion,
    incorrectly states that the Agency late—filed its
    response to Citizens’ Motion for Reconsideration without
    leave of
    the Board.
    The proof of service that was attached to the
    Agency’s response indicates
    a May 18,
    1990 mailing date.
    35
    Iii.
    Adm.
    Code 101.102(d)
    states that when
    a document is received
    after any due date, the time of mailing shall be deemed the time
    of filing.
    IT IS SO ORDERED.
    Board Member
    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, bya vote
    c~,f
    ~—/
    /
    I
    ~
    ~
    Dorothy M.
    ~unn,
    Clerk
    Illinois Pq’llution Control Board
    ii 1—381

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