ILLINOIS POLLUTION CONTROL BOARD
    June
    5,
    1986
    MODINE MANUFACTURING COMPANY,
    Petitioner,
    vs.
    )
    PCB 83—18
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before
    the Board upon
    a motion filed by
    the Illinois Environmental Protection Agency (“Agency”)
    on May
    28,
    1986.
    The Agency requests that the Petitioner’s Response
    to
    Second Amended Variance Recommendation be stricken or,
    in the
    alternative, that the Agency be granted leave to file a reply to
    Petitioner’s Response.
    The Agency filed
    its Second Amended Variance Recommendation
    (the final Agency Recommendation filed
    in this docket)
    on March
    3, 1986.
    Modine Manufacturing Company
    (“Modine”)
    filed
    its
    Response
    to Second Amended Variance Recommendation on May 20,
    1986.
    The Agency correctly points out that pursuant
    to 35
    Ill.
    Adm.
    Code 104.181(a),
    a petitioner may file with the Board
    a
    response
    to any Agency recommendation within seven days after
    receipt of such recommendation.
    Modine’s response was filed more
    than two months past
    the time allowed
    by
    104.181(a).
    This
    lateness notwithstanding,
    the Board believes that the
    perspectives offered by Modine’s Response
    in this instance
    outweigh any inconvenience caused by the tardiness in filing.
    Therefore,
    that portion of the Agency’s motion requesting that
    Modine’s Response to Second Amended Variance Recommendation be
    stricken is hereby denied.
    The Board does find
    reasonable,
    however, the Agency’s
    request that it be allowed an opportunity to answer Modine’s
    Response.
    Therefore,
    the Board grants the Agency an opportunity
    to file a reply.
    The Agency may make such filing with the Board
    by June
    16, 1986.
    On June 14,
    1986 Modine filed
    a motion for leave
    to file a
    response
    to the Agency’s May 28, 1986 motion.
    That motion
    is
    denied.
    Modine
    has already submitted
    its comments on the
    Agency’s Second Amended Variance Recommendation.
    The Agency was
    granted an opportunity to answer Modine’s May 20,
    1986 response
    only in fairness because of the extreme delay
    in the
    filing of
    that document.
    That delay has prevented
    the Board from rendering
    70-84
    —2—
    a final decision
    in
    this docket,
    and the scheduling
    of
    an
    additional
    comment period would only further prevent the Board
    from reaching
    a
    final
    resolution
    in this matter.
    The Clerk
    of the Board
    is directed
    to contact Modine and the
    Agency
    by telephone and read
    the content of this Order
    to the
    respective attorneys representing
    them in this case.
    IT IS
    SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the ______________________ day of
    ____________,
    1986,
    by
    a vote
    of
    7~-Q
    /L~
    Dorothy M.
    G nn,
    Clerk
    Illinois Pollution Control Board
    70-85

    Back to top