ILLINOIS POLLUTION CONTROL BO1~RD
August 31,
1989
SAFETY-KLEEN CORPORATION,
Petitioner,
v.
)
PCB
89—132
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On August
24,
1989,
Safety—Kleen Corporation filed a
petition for hearing for
review of Condition No.
4 of the closure
plan permit modification approval for
its facility located
in
Elgin,
Illinois,
No. ILD0008O5911 imposed by the Illinois
Environmental Protection Agency.
This matter
is accepted for
hearing.
This matter concerns closure and post-closure care issues,
and the parties are particularly directed to Board Opinions and
Orders
in Browning—Ferris Industries
v.
EPA, PCB 84—136, May
5,
1988, aff~d,179
Ill. App.
3d
598,
534 N.E.2d 616
(2d Dist.
1989),
and Marley—Ingrid
(USA),
Inc.
v.
EPA, PCB 88—17,
January
19,
1989,
for discussions of
standards of review and burdens of
proof.
The only issues before the Board are whether correct
permitting procedures were followed and whether the application
demonstrates that the Environmental Protection Act and Board
regulations will or will not be violated.
For each contested condition,
the Board expects, and
strongly encourages
the parties to state the applicable
regulatory law and relevant
facts, with appropriate record
citations, which demonstrate that
a violation is likely or
unlikely to occur.
The parties are urged to focus on RCRA
Update,
USEPA Regulations, R87-39,
February
25,
1988 and June 16,
1988 and R87-26,
December
3,
1987 and June
16, 1988
Hearing must be scheduled within
14 days of the date of this
Order and completed within 60 days
of the date of
this Order.
The hearing officer
shall
inform the Clerk
of the Board of
the
time and location of the hearing as expeditiously as possible but
at least
40 days
in advance of hearing
so that public notice of
hearing may be published.
After hearing,
the hearing officer
shall submit an exhibit list,
and all actual exhioits
to the
Board within
5 days
of the hearing.
Any briefing schedule shall
provide for final filings as expeditiously as possible and
in no
event
later than 70 days from the date
of this Order.
102—259
—2—
If after appropriate consultation with the parties,
the
parties fail to provide an acceptable hearing date or
if after
an
attempt the hearing officer
is unable to consult with the
parties,
the hearing officer shall unilaterally set a hearing
date in conformance with the schedule above.
This schedule will
only provide the Board
a very short
time period to deliberate and
reach a decision before the due date.
The hearing officer and
the parties are encouraged to expedite this proceeding as much as
possible.
Within
10 days of accepting this case, the Hearing Officer
shall enter
a Hearing Officer Scheduling Order governing
completion of the record.
That Order
shall set a date certain
for each aspect of the case including:
briefing schedule,
hearing date(s), completion of discovery
(if necessary) and pre-
hearing conference
(if necessary).
The Hearing Officer
Scheduling Order may be modified by entry of a complete new
scheduling order conforming with the time requirements below.
The hearing officer may extend this schedule only on a
waiver of the decision deadline by the petitioner and only for
the equivalent
or fewer number of days that the decision deadline
is waived.
Such waivers must be provided
in writing to the Clerk
of the Board.
Any waiver must be an “open waiver”
or
a waiver of
decision until a date certain.
Because of requirements regarding the publication of notice
of hearing,
no scheduled hearing may be canceled unless the
petitioner provides an open waiver
or a waiver to a date at least
75 days beyond the date of the motion to cancel hearing.
This
should allow ample time
for
the Board to republish notice of
hearing and
receive transcripts from the hearing before the due
date.
Any order by the hearing officer granting cancellation of
hearing shall
include a complete new scheduling order with a new
hearing date at least
40 days
in the future and at
least
30 days
prior
to the new due date and the Clerk of the Board shall be
promptly informed of the new schedule.
Because this proceeding is the type for which the Illinois
Environmental Protection Act sets
a very short statutory deadline
for decisionmaking,
absent
a waiver,
the Board will grant
extensions or modifications only
in unusual circumstances.
Any
such motion must set forth an alternative
schedule for notice,
hearing,
and final submissions, as well as
the deadline for
decision,
including response time to such a motion.
However,
no
such motion shall negate the obligation of the hearing officer
to
establish a scheduling Order pursuant
to the fifth paragraph of
this Order,
and to adhere
to that Order
until modified.
This Order will not appear
in the Boards Opinion Volumes.
IT
IS SO ORDERED
102—260
—3—
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board,
heteby certify ~hat
the above Order was adopted on
the
3/s-
day of
~
~?~r
,
1989, by a vote
of
~
Ii
Control Board
102—261