ILLINOIS POLLUTION CONTROL BOARD
June
23,
1994
IN THE
MATTER
OF:
)
PROPOSED SITE SPECIFIC WATER
)
POLLUTION RULES
AND
REGULATIONS
)
R81-19
APPLICABLE TO CITIZENS UTILITIES
)
(Rulemaking)
COMPANY OF ILLINOIS DISCHARGE
)
TO LILY CACHE CREEK
)
(On Remand)
ORDER
OF THE
BOARD
(by C.A. Manning):
On March 17,
1994, the Board granted a Motion to Defer
Proceedings filed by Citizens Utilities Company of Illinois
(Citizens).
The Board also directed Citizens to file a status
report with the Clerk of the Board on or before Thursday, June
16,
1994.
The report was to indicate the status of the
negotiations with the USEPA, whether additional time is required
to complete negotiations, or whether it is necessary to proceed
with this rulemaking.
The Board also requested that Citizens
file the appropriate motion withdrawing the petition for a site-
specific rule in the event that settlement is reached sooner than
anticipated.
On June 15, Citizens filed with the Board a Motion to
Further
Defer Proceedings and a Status Report.
As in the
original motion to defer, Citizens indicates the company has been
engaged
in settlement negotiations and has negotiated a tentative
settlement of all outstanding issues that relate to Citizens’
Plant No.1 with the USEPA.
Citizens again emphasizes that upon
completion and execution of all necessary settlement documents,
R81-19 will be moot.
Citizens now believes that in the past
ninety days of active negotiations, substantially all material
issues have been or shortly will be resolved; however, additional
time will be required to complete negotiations and prepare all of
the necessary settlement documents.
As such Citizens requests that the Board defer these
proceedings for an additional ninety days.
The motion is hereby
granted.
Citizens is directed to file a status report with the
Clerk of the Board on or before Thursday, September 29,
1994.
As
in the prior report, the second report shall indicate the status
of the negotiations with the USEPA, whether additional time will
be required to complete negotiations,
or whether it will be
necessary to proceed with this rulemaking.
In the event that
settlement is reached sooner than anticipated, Citizens is
requested to file the appropriate motion withdrawing the petition
for a site—specific rule.
Board Member R.C.
Fleinal abstained.
2
IT IS SO
ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
ereby certify
at the above order was adopted on the
_______
da~of
,
1994, by a vo ~ of
-~,
1.
Dorothy M. qç~nn, Clerk
Illinois Pq~utionControl Board