ILLINOIS POLLUTION CONTROL BOARD
Nay 7,
1992.
ROCKFORD PRODUCTS CORPORATION,)
)
Petitioner,
PCB 91—31
v.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by M.
Nardulli):
This matter comes before the Board on a motion to reconsider
the Board’s April
9,
1992,
order filed
on April
24,
1992.
The
motion
ask that the Board vacate
its
April
9,
1992
order which
directed the hearing officer to schedule this matter for hearing by
Nay 11,
1992,
and to finish all hearings by July 15,
1992.
The motion
to
reconsider
states that
the
Board
failed
to
follow its own procedural rules by taking action on the Board’s own
motion
without providing
the
parties
an
opportunity
to
reply.
Further, the motion states that the April
9 order was “improperly
entered in contravention of the Board’s own rules.”
The Board is
not a party to this action; therefore, the Board is not subject to
the
procedural
rules.
Further,
the
Board
is
at
a
loss
to
understand the implication, by the movant, that the Board lacks the
authority
to
control
its own
docket.
The
Board
rejects
these
arguments as being without merit.
(See also Heico. Incorporated v.
Illinois Environmental Protection
Agency,
PCB
90-196,
April
23,
1992)
This case was originally filed 14 months ago and prior to this
motion, the parties had taken no action on the record other than to
waive decision deadline to a date certain.
The motion indicates
that the parties are continuing to negotiate a potential settlement
in this matter.
Therefore, the Board will reconsider its order of
April 9,
1992 and the Board will vacate the order setting this case
for hearing by July 15,
1992.
However, the Board will not grant
the 60 day extension requested in the motion as such a delay would
not allow suffici.;
t
time for hearings to be held prior
to the
October
31,
1992
c
~ision deadline.
Therefore the Board directs
the parties to submit
a status report to be received by the Board
no later than August
1,
1992.
The Board notes that the August
1
datewill
allow the Board the time necessary to hold
a
hearing
prior to the October
31,
1992 decision deadline,
if
a hearing
is
necessary.
133—229
2
IT IS SO ORDERED.
Board Member
B. Forcade concurs.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify that the above
order
was
adopted
on the
__________
day
of
~y)--~
~
,
1992,
by
a
vote
of
7-0.
I
~
~
).
Dorothy N.
,Gy~nn,
Clerk
Illinois PôJ/lution Control Board
133—230