ILLINOIS POLLUTION CONTROL BOARD
    September
    2,
    1982
    UNITY VENTURES,
    )
    Petitioner,
    )
    )
    PCB 80—175
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent~
    ORDER OF THE BOARD
    (by
    I. G~
    Goodman):
    On August 20,
    1982 the Illinois Environmental Protection
    Agency
    (Agency) requested leave to file and filed a Motion to
    Strike Unity Ventures’
    (Unity) Response to Request for Admission
    of Facts.
    Unity filed a Response on August 31,
    1982.
    The Agency’s
    Motion for Leave to File
    is granted.
    With its motion the Agency seeks to have Unity’s Response to
    the Request for Admission stricken, and the facts listed therein
    admitted.
    The Agency fails to allege what hardship or prejudice
    was suffered as a result of Unity~snot filing within the time
    allowed by Procedural
    Rule 314(c).
    The
    only prejudice evident
    to the Board is that
    the ninety~-day
    decision period
    was
    to have
    expired August 25,
    1982 pursuant to
    the June
    10,
    1982 Board Order,
    which was only fifteen days after Unity~sResponse was due
    according to
    the hearing officer’s order,
    The
    Board finds that
    Unity’s request for additional time constituted a pro tanto waiver
    of the ninety—day decision period.
    Furthermore,
    Unity has since
    formally waived the decision until December 31,
    1982,
    Inasmuch as
    the hearing officer allowed the additional time and no resulting
    prejudice was alleged
    or determined,
    the Agency’s Motion to Strike
    the Responses as untimely
    is denied.
    The Agency further requests that the denials contained in
    Unity’s Response which were not accompanied with an affidavit be
    stricken, and therefore be admitted.
    The Board
    finds that
    rio
    prejudice will result if Unity
    is allowed to correct this defect,
    Therefore, Unity is ordered to
    submit affidavits,
    as appropriate,
    within ten days of this Order.
    48-65
    Lastly, the Agency argues th&
    the allegations set out in
    those requests
    which
    Unity
    objected
    t
    ,
    allej’ng
    that
    they
    require
    conclusions of law,
    should
    be
    admitted
    Pursdant
    to
    Procedural
    Rule 314(c),
    the
    Board
    refers
    this
    portion
    of
    the
    motion
    to its
    hearing officer
    in
    this
    mattes
    IT IS
    SO
    ORDERED~
    I, Christan
    L,
    Moffet,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, hereby
    certify
    that
    the
    above Orcer was ~opted
    on the
    ~
    day
    of
    1982
    by a vote of
    ~O
    C~lerk
    IlFnois Pollutio
    ontrol Board
    4S~66

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