ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1988
    JOHN SEXTON CONTRACTORS
    )
    COMPANY,
    Petitioner,
    v.
    )
    PCB 88—139
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before the Board
    on
    a November
    28,
    1988
    motion by John Sexton Contractors Company
    (Sexton)
    to extend the
    time for Sexton
    to file its brief from November 17, 1988
    to
    December
    8,
    1988.
    Sexton also waived the Board’s decision
    deadline from “November 28,
    1988”
    (December
    28,
    1988
    is the
    correct date)
    to and including January 13,
    1989.
    On November
    29,
    1988,
    the Environmental Protection Agency
    (Agency) filed
    a
    response, stating
    that it did not object to
    Sexton’s motion as long as
    it was given until December 22,
    1988
    to file its response brief.
    Sexton’s waiver
    until January 13,
    1989 would
    in effect
    require
    the Board
    to decide this matter
    at
    its regular January
    5,
    1989 meeting,
    absent
    a special Board meeting,
    since its next
    regularly scheduled Board meeting
    is January 19,
    1989.
    Sexton’s waiver also effectively and unacceptably shifts the
    Board’s decision time
    to include the Christmas/New Year holidays,
    essentially further shortening
    the already very limited number
    of
    working days
    to deliberate and decide this case.
    The Board will
    not accept Sexton’s motion as
    framed.
    Sexton’s motion
    is denied.
    In so holding,
    the Board notes
    that because Sexton’s motion was filed eleven days after
    its
    brief was due, Sexton has created
    a dilemma
    that
    it should cure;
    there now
    is
    not enough time left before the regular December
    15,
    1988 Board meeting
    (the last regular meeting prior
    to January
    5)
    to include late filed briefs.
    Therefore,
    the Hearing Officer
    is
    given leave
    to extend the briefing schedule requested by Sexton
    and the Agency
    (i.e.
    until December
    8 and December
    22,
    1988
    respectively)
    if Sexton files
    a waiver of the Board’s decision
    due date at least
    to and including January
    19,
    1989.
    93—677
    —2—
    IT IS
    SO ORDERED.
    I,
    Dorothy H.
    Gunn, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ‘~—day of
    ~~-L~e~-’,
    1988,
    by a vote
    of
    7—c
    ~
    /L
    Dorothy
    H.
    G,ilnn,
    Clerk
    Illinois Pollution Control Board
    93—678

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