ILLINOIS POLLUTIO~’1CONTROL BOARD

July 14,

1983

ALTON PACKAGING CORPORATION,

Petitioner,

V.

)

PCI3 83—49

tLLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF

THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board

upon

a July

11,

1983 motion

for extension of time

to file variance recommendation filed by

the Illinois Environmental Protection Agency

(Agency).

An earlier,

nearly identical motion, was denied by order of June

2,

1983.

The

recommendation should have been filed by May 13,

1983.

The Agency

now requests that it be allowed to file

its recommendation on or

before August 15,

1983.

Decision

is presently due by July

30,

1983

pursuant to a June 30,

1983 waiver by Alton Packaging of its right

to a decision until that date.

Oddly,

the Agency purport3

to

waive

its right to

a decision to September

12,

1983.

The Board first notes

that the Agency has

no right to

a

decision to waive.

That right runs

to the variance petitLoner

alone.

Here,

such waiver is until July

30.

However, unlike its

first motion, the Agency’s present motion indicates that

Alto.n

Packaging has no objection

to the extension of

time.

Ass~iminq

the truth of that allegation,

Alton Packaging must necessarily

agree to a ~

tanto waiver of its right

to a decision pursuant

to 35 111. Mm.

Code 103.143(b).

Therefore, the Board construes Alton Packaging’s

lack of

objection

to the motion as its consent

to waive the decision date

until November

1,

1983.

The motion

for extension of time

is

hereby granted until August 15,

1983.

I,

Christan L. Moffett, Clerk of

the Illinois Pollution

Control Bp.~rdhereby certify that the above Order was adopted on

the

jq

_________day of

____

,

1983 by

a

vote

_____

trol Board

53-15