ILLINOIS POLLUTION CONTROL BOARD
October 20, 1988
CITIZENS UTILITIES COMPANY
)
OF ILLINOIS,
Petitioner,
)
v.
)
PCB 88—151
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by 3. Anderson):
On September 16, 1988, Citizens Utilities Company of
Illinois (“Citizens”) filed a petition for variance. On
September 22, 1988, the Board issued an Order finding the
petition to be deficient and discussing at length the apparent
difficulty Citizens has had in submitting an acceptable
compliance plan. To afford Citizens the opportunity to perfect
its variance request, the Board granted Citizens 45 days in which
to cure the articulated deficiencies and stated that if no
amended petition were filed within that 45 day period the
petition would be subject to dismissal.
On October 18, 1988, Citizens filed a motion requesting that
the Board extend by 30 days the time to file an amendment to its
variance petition. In support of its request, Citizens states
that its personnel, consultants and counsel have been involved in
other pending matters since the Order was entered. Consequently,
they will not be able to address fully the Order
...
by the
November 7, 1988 deadline.
Because of the already lengthy procedural history (which is
adequately described in the Board’s Order of September 22, 1988)
resulting in part from Citizens’ repeated inability to submit an
acceptable compliance plan and because of Citizens’ lack of
sufficient justification for failing to prepare an amended
petition, the Board will not grant Citizens’ request of a 30 day
extension. However, the Board notes that Citizens 45 day period
expires on November 7, 1988. The next scheduled Board meeting
thereafter is November 17, 1988. The Board will therefore, grant
Citizens until 5:00 p.m., Tuesday, November 15, 1988 to file its
amended petition.
93—227
—2—
Thus, Citizens’ motion is granted in part. If an amended
petition is not filed by 5:00 p.m., November 15, 1988, the Board
intends to dismiss the petition as deficient and terminate the
Docket. Citizens may file a new petition when it is prepared to
commit to a definite compliance plan.
IT IS SO ORDERED.
3. T. Meyer dissented.
I, Dorothy N. Gurin, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the~c-~day of ~2-~~—4~’
,
1988, by a vote of C_/
Ill
S
Control Board
93—228