ILLINOIS POLLUTION CONTROL BOARD
    October 1.~ 1q83
    FRED
    E.
    JURCAK*,
    )
    Petitioner.
    V.
    )
    PCI3
    83—134
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer)
    On October 3~1983 the Illinois Environmental Protection
    Agency (Agency) moved
    to dismiss this matter, or
    in the alter-
    native
    to have Fred
    F.
    Jurcak named as a Petitioner,
    the same
    having signed the application for the contested permit.
    On
    October
    7,
    1983 Petitioner
    filed
    a Responses Motion for Leave to
    File an 7~mendedPermit Appeal and an Amended Permit Appeal naming
    Fred
    E.
    Jurcak as the sole Petitioner.
    The Motion for Leave to
    Amend avers that Fred F. Jurcak,~ not Energy Craft Corporation.
    is
    the owner/operator of the facility
    in question.
    Pursuant to 35
    Ill.
    ~dm. Code 105.102(c)
    and 103,140
    Petitioner’s Motion for Leave to Amend is granted.
    This matter
    is retitled
    as Fred F.
    Jurcak v.
    Illinois Environmental Protec—
    tio~~en~. As the delay in the pursuit of this action is
    attributable to Petitioner’s misnomer of parties~the Board
    construes the motion to amend the petition as constituting
    a
    ~ro tanto waiver of the decision date for the period
    in which
    confusion existed i.e. September 15
    to October 1~,thereby
    extending the decision date
    34 days.
    The Agency has fourteen
    days from the date of this Order
    to file the record in this
    matter
    (35 Ill.
    Adm,
    Code 105.102).
    IT
    IS SO ORDERED.
    *This case was formerly docketed and captioned Energy Craft
    Co~orationv.I1i
    iriois
    Environmental_Protection~enc~.
    54-263
    —2—
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control ~ard,
    herebM certify that the above Order~asadopted
    on the
    day of
    t~*-Lk-~-)
    ,
    1983 by a vote of_______________
    I
    I
    7-
    L~Mof
    Illinois Polluti~ ontrol Baord
    54-264

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