ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    CONTINENTAL WASTE INDUSTRIES OF
    ILLINOIS, INC.
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    Respondent.
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    PCB 97-104
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by K.M. Hennessey):
    Continental Waste Industries of Illinois, Inc. (Continental) has filed an appeal of the
    Illinois Environmental Protection Agency’s (Agency) denial of Continental’s permit
    application regarding the Mount Vernon Transfer Station in Jefferson County, Illinois. In an
    order dated February 20, 1997, the Board accepted this matter for hearing.
    Now pending before the Board is the Agency’s February 24, 1997 motion for extension
    of time to file the Agency record (Mtn.). In its motion, the Agency states that the petition was
    filed on February 14, 1997 and the Agency received notice of that filing on February 18,
    1997. (Mtn. at 1.) Under 35 Ill. Adm. Code 105.102(a)(4), the Agency Record is to be filed
    with the Board within 14 days upon notice of the petition. (
    Id
    .) The Agency notes that a
    public hearing has not been scheduled in this matter, and requests that the Board extend the
    period for filing of the Agency Record to “not less than 30 days from the date of the scheduled
    public hearing” in this case. (
    Id.
    at 1,2.) The Agency states that petitioner already has a
    majority of the documents that would constitute the Agency Record in this case and therefore
    will not be prejudiced by this extension. (
    Id
    . at 1.) Continental has not filed a response to the
    Agency’s motion.
    The Board grants the Agency’s motion, with one modification The Board notes that if
    either party files a motion for summary judgment, the Board may need the complete Agency
    Record. Accordingly, the Board’s order will provide that the Agency Record must be filed
    within 14 days after the Agency files a motion for summary judgment or receives a motion for
    summary judgment filed by Continental.
    ORDER
    The Board grants the Agency’s motion to file the Agency Record not less than 30 days
    from the date of the scheduled public hearing; provided, however, that if either party files a
    motion for summary judgment, the Agency must file the Agency Record within 14 days after
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    such motion is filed, if the motion is filed by the Agency, or within 14 days after the motion is
    received, if the motion is filed by Continental.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _______ day of ______________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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