ILLINOIS POLLUTION CONTROL BOARD

January

9,

1986

WESTERN ILLINOIS POWER

)

COOPERATIVE,

INC.,

Petitioner,

v.

)

PCB 85—165

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On November 7,

1985,

the Board

issued

an order which

required Western Illinois Power Cooperative,

Inc.

(“Western

Illinois Power”)

to

file more information concerning

its variance

request with the Board.

Western Illinois Power was given forty—

five

days

(45)

from

November

7

to

complete

its

petition.

Western

Illinois Power filed part

of the information requested on

December 19,

1985,

and

thereby created

an amended petition which

restarts

the 120—day decision period.

However,

in a motion for

extension of

time filed December

19,

1985, Western Illinois Power

requested permission

to file the rest of the required

information

by February 15,

1986.

Western Illinois Power

is granted until February

15

to file

the additional information.

Unless this information is received

by February

15,

1986, this matter will

be dismissed.

The Board

notes Western Illinois Power’s waiver

is

inadequate

be’cause:

1)

this matter

has

a 120—day deadline, not 90 days;

and

2)

the

waiver

is not

to

a date certain

or alternatively an open

waiver.

Unless

an appropriate waiver

is

received with

the

information due February 15,

1986,

this matter will

be scheduled

for hearing expeditiously.

On October

24,

1985,

Western

Illinois Power filed

a motion

to consolidate this matter with their Permit denial proceeding

(PCB

85—164).

The

Agency

did

not

respond.

The

motion

to

consolidate

is

denied.

Since

the legal questions presented and

the

burden

of

proof

differ

in

a

permit

appeal

and

a

variance

case,

consolidation would be inappropriate and the Motion

is

denied.

The

parties are ordered not

to file jointly captioned

pleadings before the Board.

IT

IS

SO

ORDERED.

67-443

---

—2—

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board1 hereby certif

s that the above Order was adopted on

the

f~

day

of

___________________,

1986,

by a vote

of

-7_O

•

Dorothy M.’Gunn, Clerk

Illinois Pollution Control Board

67-444