ILLINOIS POLLUTION CONTROL BOARD
November 12, 1982
A.S.
HANSEN,
INC.,
Petitioner,
v.
)
PCB 81—177
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.D. Dumelle):
On November
2,
1982 A.S.
Hansen,
Inc.,
filed a waiver,
motion for postponement of Board decision,
leave to file second
amended petition, grant of opportunity for a second hearing,
and substitution of attorneys.
Hansen represents that the Illi-
nois Environmental Protection Agency (Agency) has no objection
to postponement or to the filing of a second amended complaint.
The motions to postpone,
for leave to file a second amended
complaint and to substitute attorneys are hereby granted since
there
is no apparent prejudice.
The Board also notes that the
filing of an amended petition restarts the 90—day decision period
and terminates proceedings under earlier petitions.
Further, that
amended petition must include a request for or waiver of hearing
and even if hearing is waived initially,
a request for hearing may
be made within
7 days after receipt of the Agency recommendation
(35
Ill.
Adm. code 104.181).
This effectively moots the remaining
motion.
IT IS SO ORDERED.
Board Member D.
Anderson abstained.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
day of
,
1982 by a
vote of_______________
________*
Christan
L.
Moffe t~)(9lerk
Illinois Pollution Control Board
49-273