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