ILLINOIS POLLUTION CONTROL BOARD
    December 17,
    1992
    OLIN CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 92—175
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R. C. Flemal):
    On November 9,
    1992, Olin Corporation
    (Olin)
    filed a
    petition for hearing to review the denial by the Illinois
    Environmental Protection Agency of its RCRA closure plan permit.
    On December
    3,
    1992, Olin filed a waiver of decision deadline,
    until September
    1,
    1993,
    and a waiver of the filing of the
    Illinois Environmental Protection Agency’s
    (Agency) record, until
    the earlier of either three months before the hearing in this
    action or the date Olin requests that the record be filed.
    However, Olin has no authority to waive the deadline for the
    filing of the Agency record.
    That deadline
    (14 days after the
    notice of a petition for review)
    is contained in a Board
    procedural rule,
    and can only be extended by the Board itself.
    (35.111.
    Adin.
    Code 105.102.)
    If an extension of the deadline to
    file the record is needed, the Agency must make such a request.
    Of course, Olin can waive any objection to an Agency request for
    extension
    of the 14-day deadline.
    The Board further notes that when requesting changes in any
    deadline dates,
    a waiver to a calendar date certain is required
    and contingent waivers are not acceptable.
    (See 35 Ill. Adm.
    Code 101.105 pertaining to waivers of final Board action).
    In
    summary,
    the Board finds that the waiver of the decision deadline
    is acceptable, but that the waiver of the filing of the Agency
    record is not acceptable.
    The Board further orders that the
    parties file a status report indicating progress made toward
    resolution and the expected date of resolution of this matter to
    be received by the Board on or before April
    1,
    1993.
    IT IS SO ORDERED.
    0138-0157
    2
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby cert~ythat the above order was adopted on the
    /TZZ’ day of
    ___________________,
    1992,
    by a vote of
    7~’
    Dorothy N. 9lnn,
    Cleilc
    Illinois Po3/Lution Control Board
    0 1380 156

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