ILLINOIS POLLUTION CONTROL BOARD

June 10, 1987

CITY OF GENEVA,

)

)

Petitioner,

)

V..

)

PCB 86—225

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent..

ORDER OF THE BOARD

(by

J.. Anderson):

On May 21, 1987,

the City of Geneva had filed a motion for

expedited decision of its variance petition.

This motion was

granted by the Board on May

28..

Assuming that the record in this

matter was complete, the Board discussed the case at its May 28,

with an eye to reaching decision on June

10..

However, since that time, Geneva has sought to reopen the

record and to provide additional

information:

on June

4,

1987,

the City of Geneva

(Geneva)

filed a response

to the Agency*s May

21,

1987 amended Recommendation that variance be denied.

The

response was accompanied by a motion

for leave to file

instanter..

Procedural Rule l04~.l8lprovides that petitioner may

file a response to the Agency’s Recommendation within

7 days

after receipt of the Recommendation.. Geneva explains this second

late filing (see May 14,

1987 Order

of the Board noting an

earlier late filing) as resulting from a determination by Geneva

that certain Agency assertions require a response..

The motion

for leave to file

is granted..

As the response contains new factual information, the Board

construes the filing as

a second amended petition which restarts

the Board’s 120 day decision timeclock..

The Board will schedule

its decision after as expeditiously as is practicable after

timely receipt either of an amended Agency Recommendation or

Agency notification that no amended Recommendation will be filed..

IT IS SO ORDERED..

78-378

---

—2—

I, Dorothy

M..

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif

that the above Order was adopted on

the

/~zz.

day of

_____________,

1987, by a vote of

~,O

‘9

~

~

Dorothy

M..

G3zhn, Clerk

Illinois Pollution Control Board