ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Petitioner,
    v.
    )
    AC 89—52
    CITY OF ASSUMPTION,
    an
    )
    Illinois Municipal Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Theodore Meyer):
    This matter
    is before
    the Board on
    a motion
    for extension of
    time filed
    by respondent
    the City of Assumption
    (City)
    on April
    3,
    1989.
    The City seeks an extension of time
    to file a formal
    petition for review of an administrative citation issued by the
    Illinois Environmental Protection
    (Agency).
    The City states that
    its city council
    is expected
    to vote to close
    its sanitary
    landfill
    at the council’s April
    5 meeting,
    or shortly
    thereafter.
    The City contends that
    it would be
    in everyone’s
    best
    interest
    to resolve this matter without
    a hearing
    on the
    citation, and states that the City intends to contact the Agency
    to discuss this matter shortly after
    the April
    5 city council
    meeting.
    Thus,
    the City seeks an extension of time to file
    a
    petition
    for review.
    Pursuant
    to Section
    31.1
    of the Environmental Protection Act
    (Act), a person named
    in an administrative citation has 35 days
    from the date of service of the citation to petition
    the Board
    for
    review.
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    lll’/2,
    par.
    1031.1.
    The
    Board cannot extend this statutory 35—day appeal period.
    However,
    since the City has indicated its desire
    to contest the
    citation,
    the Board will construe
    the motion
    for extension of
    time as
    a petition
    for review.
    As
    is the practice,
    a hearing
    officer
    will
    be assigned
    to this case, and details of scheduling
    or delaying
    a hearing can be worked out with that assigned
    hearing
    officer.
    Of course, the City is free
    to later
    file an
    amended petition or
    to move
    to dismiss its petition
    for review,
    as
    it desires.
    The Board points out, however, that at some point
    the City may incur hearing costs.
    See Section 42(b)(4)
    of the
    Act.
    IT
    IS SO ORDERED.
    98—117
    —2—
    I,
    Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, h~~bycertify
    hat tbe above Order
    was adopted on
    the
    ~
    ~
    day of
    ______________,
    1989,
    by
    a vote of
    7_c
    /
    /~LI
    Dorothy
    M.
    c~k9~n,Clerk
    Illinois P~3~IutionControl Board
    98118

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