ILLINOIS POLLUTION CONTROL BOARD

December 6, 1989

FRED E.

JURCAK

Petitioner,

v.

)

PCB 85—137

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

)

Respondent.

OkDER OF THF BOARD BY (M. Narduili)

This matter comes before the Board upon a “Motion to Modify

Permit” filed December

4, 1989 by petitioner Fred E.

Jurcak

(!sjurcakn)

.

By this motion, Jurcak apparently seeks to modify the

time period of the variance. The Board notes that under certain

circumstances the Board has construed such motions as permit

appeals requiring a new docket number and the filing of the

requisite filing fee. The Board also notes that if Jurcak’s

instant motion was construed as a permit appeal, it would be

untimely filed. (See, Ill. Rev. Stat. 1987, ch. 111½, par.

1041(a).) In order to aid the Board in its decision of whether to

treat Jurcak’s filing as a motion or a permit appeal, the Board

orders the Agency to respond to this matter no later than December

20,

1989

ar.cI

directs Jurcak to reply no later than Decerber 27,

ii

is

so ORD~REt).

1, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby c~rtify that the above Order was adcpted on the

~

day of

~

,

1989 by a vote of é~-~C

-

Dorothy M. Gui~, Clerk

Illinois Pollution Control Board

1r~f~r)