ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    SAFETY-KLEEN CORP.,
    (URBANA
    FACILITY),
    Petitioner,
    v.
    )
    PCB 93—138
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    In an order dated February 17,
    1994, the Board ordered
    Safety-Kleen to show cause why this matter should not be
    dismissed due to Safety-Kleen’s failure to appear at hearing.
    Safety-Kleen filed its response on February 28,
    1994.
    Safety—Kleen reports that a motion for continuance was filed
    on November 19, 1993 with the wrong docket number.
    As the date
    of the scheduled hearing drew near and no response to the motion
    for continuance was received, Safety—Kleen discussed the
    situation with the Illinois Environmental Protection Agency
    (Agency).
    The parties agreed that the attorney for the Agency
    would attend the hearing in Urbana and explain the situation.
    The Agency attorney did attend the hearing and noted that
    a
    motion for continuance was filed with a different docket number.
    Safety—Kleen also apologized for the confusion and
    inconvenience created and stated that it is willing to reimburse
    the Board for
    the cost of the hearing.
    However, Safety-Kleen
    does not believe dismissal is warranted based on its good faith
    effort to continue the hearing in advance.
    Safety—Kleen reports that the parties have discussed the
    issues in this appeal and agreed that these issues will be
    addressed through the issuance of the Part B permit
    in the very
    near future.
    Safety-Kleen is ordered to submit a status report
    to the Board relating the progress of settlement of the issues
    in
    this matter.
    The status report is to be filed with the Board on
    or before May 6,
    1994.
    Based on Safety—Kleen’s response the Board will not dismiss
    this matter.
    As petitioner has shown cause why this docket
    should not be dismissed,
    and agreed to reimburse the Board for
    hearing costs, the Board orders Safety—Kleen to reimburse the
    Board for hearing costs.
    The costs incurred by the Board for the
    hearing officer, court reporter and publication totalled four
    hundred-thirty-one dollars and thirty-six cents
    ($431.36).
    2
    It is hereby ordered that within 30 days of the date of this
    order, Safety—Kleen shall, by certified check or money order
    payable to the Illinois Pollution Control Board,
    pay as
    compensation for hearing costs incurred by the Board, the amount
    of $431.36 which is to be sent by first class mail to:
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11—500
    Chicago,
    Illinois 60601
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    ~
    hereby certify that the above order was adopted on the
    day of _______________________,
    1994,
    by a vote of
    (~—c)
    Dc
    I
    Control Board

    Back to top