ILLINOIS POLLUTION CONTROL BOARD
    September
    22,
    1988
    CITY OF
    SPRINGFIELD,
    ILLINOIS,
    )
    Petitioner,
    v.
    )
    PCB 88—113
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On September
    14,
    1988 the City of Springfield
    (“Springfield”)
    filed
    a Motion
    for Leave
    to Amend
    its Petition
    for Variance,
    as previously
    filed
    on July
    22, 1988.
    That portion
    of the motion actually relating
    to leave
    to
    file
    is granted.
    Springfield’s September
    14,
    1988
    filing additionally
    contains the following statement:
    Such amendments would not otherwise affect the subject
    matter of the petition or the nature of the request,
    and should not be deemed
    to be an amended petition.
    The Board
    interprets this statement
    to be a motion for
    a
    declaration
    that the September
    14,
    1988
    filing does not
    constitute
    an Amended Petition, and that any consequences which
    would follow from its designation as
    an Amended Petition would
    not follow.
    This motion
    is denied.
    The Board has repeatedly held that filing of
    new information
    within
    a motion
    is equivalent
    to filing an Amended Petition, and
    that among
    other matters, preservation of rights of Respon~ient
    and objectors
    (of which there are several
    in
    the
    instant matter)
    to adequately assess the new information requires that the
    120—
    day decision clock
    be restarted
    (e.g.,
    Mobil
    Oil Corp.
    v.
    IEPA,
    PCB 84—37
    at
    59 PCB 267 and
    60 PCB 41; Marathon Petroleum Co.
    v.
    IEPA,
    PCB 85—83
    at
    66 PCB 25; City of Geneva
    v.
    IEPA, PCB 86—225
    at 78 PCB
    11 and 78 PCB 378).
    In summary, Springfield’s September
    14,
    1988
    filing
    is
    accepted
    as
    an Amended Petition.
    IT
    IS SO ORDERED.
    92—483
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    the
    3,~’~c/
    day of
    ___________________
    Board, hereby certify t~~,~ove
    Order was adopted
    on
    ________
    ____________________,
    1988,
    by a vote
    of
    7—o
    •
    ~
    ~
    M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    92—484

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