ILLINOIS POLLUTION CONTROL BOARD
    January
    19,
    1989
    MODINE MANUFACTURING COMPANY,
    Petitioner,
    v.
    )
    PCB 87—124
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    This matter
    is before
    the Board
    on two motions
    filed by
    petitioner Modine Manufacturing Company
    (Modine)
    on December
    21,
    1988.
    The first
    is
    a motion for
    leave
    to
    file
    a single copy of
    an exhibit,
    instead
    of the usual
    ten copies.
    That motion
    is
    denied.
    Modine
    is directed
    to file the additional required
    copies.
    The second motion
    filed
    by Modine
    is
    a motion to
    reconsider the Board’s November 17,
    1988 order granting the
    Illinois Environmental Protection Agency’s (Agency) motion for
    sanctions and dismissing this matter with prejudice.
    On
    January
    6,
    1989,
    the Agency filed
    its response
    to Modine’s motion for
    reconsideration.
    The Agency asks that the Board deny the motion
    to reconsider.
    One of the claims raised by Modine
    in support of
    its request
    for reconsideration
    is that the Board misapprehended
    the
    circumstances of this case.
    In support of that claim, Modine
    alleges that
    in July and ~ugust
    1988
    it “properly obtained
    extensions on
    the briefing schedule by the vehicle of oral
    motions
    to the hearing
    officer.t’
    (Motion
    to reconsider
    at
    p.
    18.)
    Although Modine stated in
    its November
    16,
    1988 response
    to
    the Agency’s motion
    for sanctions that counsel
    for Modine had
    contacted
    the hearing officer
    in summer 1988
    (see response at
    p.
    2),
    this contact was not represented as
    an extension of the
    schedule
    by oral motion.
    The Board
    is
    frustrated
    by
    the
    additional delay caused by Modine’s new characterization of the
    facts.
    However, Modine and
    the Agency have had the opportunity
    to present their views of the circumstances,
    and
    the Board
    believes that
    the hearing officer should have
    a similar
    opportunity.
    So that the Board will be fully apprised of all
    facts,
    the Board orders
    the hearing officer
    in this matter
    to
    respond
    to the claims made by Modine at pages
    18 and
    19
    of its
    motion for reconsideration.
    Specifically, the hearing officer
    should address the question of extensions of the briefing
    schedule upon oral motion.
    Of course,
    the hearing officer may
    95—287
    —2—
    address any other
    facts he feels are relevant to this matter.
    The hearing officer’s response, with service upon Modine and the
    Agency, shall
    be filed by Wednesday,
    February
    1,
    1989.
    Replies,
    if any,
    to the hearing officer’s filing will be accepted
    no later
    than February
    9,
    1989.
    IT
    IS SO ORDERED.
    R.
    Flemal dissented.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /‘~7~-
    day of
    ~
    ,
    1989,
    by a vote of
    ~
    Dorothy
    M. ~unn,
    Clerk
    Illinois Pollution Control Board
    95—288

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