ILLINOIS POLLUTION CONTROL BOARD
    October 24, 1985
    VILLAGE OF WAUCONDA,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 83—231
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD (by R. C. Flemal):
    On July 23, 1985, Petitioner filed an amendment to its
    Petition for Variance and/or Extension of Variance which
    specified that the 90—day rule commence after the tiling ot the
    Illinois Environmental Protection Agency’s (Agency) Response and
    Recommendation, but not later than August 10, 1985.
    Firstly,
    the
    Board notes that the appropriate time frame for decision is 120
    days,
    not 90 days (Section 38(c) of the Act), since this matter
    involves an NPDES program.
    By the 120 day criterion this matter
    is due for decision at the Board’s November
    21, 1985, meeting.
    As of this time the Agency’s Response and Recommendation has
    not yet been filed with the Board.
    In as much as the Board views
    the Agency’s perspective as a vital portion of the record, the
    Agency
    is hereby ordered to submit said Response and
    Recommendation, or
    in the alternative a statement of its
    intentions
    in this matter, within eleven days of
    this Order.
    The Board also notes that at the hearing of June 11,
    1985,
    Petitioner indictated a desire that this matter proceed only
    after
    the Agency had opportunity to submit its Response and
    Recommendation.
    Given the present due date, and assuming that
    Petitioner retains this desire, the Board notes that Petitioner
    might either waive the due date or grant an extension of time
    such that the Board can give adequate deliberation to the full
    record.
    Lastly,
    the Board notes that this
    is an old docket, with
    much record accumulated which may not be germane to the matter as
    it stands at present.
    The parties hereto may therefore wish
    to
    consider moving the Board to dismiss this proceeding and begin
    the matter afresh with a new petition.
    IT
    IS SO ORDERED.
    66-165
    I,
    Dorothy M~Gunn, Clerk of the Illinois Pollution
    Control
    Board,
    hereby certify that the above Interim Order was adopted
    on
    rhe
    day of
    ~
    ,
    1985
    by vote
    of
    _________
    _____
    **
    ~
    ~
    Dorothy
    M. G~n, Clerk
    Illinois Pollution Control
    Board
    66466

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