ILLINOIS POLLUTION CONTROL BOARD

May 14, 1987

IN THE MATTER OF:

)

PETITION OF GIFFORD—HILL

) R84—45

AMERICAN LOCK JOINT, INC~

FOR SITE SPECIFIC RELIEF

)

FROM 35 ILL,. ADM~CODE

)

80L305

INTERIM ORDER OF THE BOARD (by J. Anderson):

On April 30, 1987, the Board adopted a Proposed Opinion and

Order directing the Clerk to submit the proposed rules to the

Joint Committee on Administrative Rules, pursuant to Second

Notice requirements of the Administrative Procedures Act,. In the

Opinion, the Board limited the relief to Gifford—Hill only, and

indicated that any successors in interest would be required to

make a showing that they were entitled to similar relief,. Due to

press of other business, the Second Notice submittal has not as

yet been transmitted,.

On May 13, 1987, the Board received a letter which states in

pertinent part that:

WGHA Lock Joint, mc,., sold the South Beloit plant

to The Cretex Companies, Inc,., located in Elk

River, Minnesota,. The South Beloit, Illinois plant

was renamed Cretex Pressure Pipe, Incorporated~

Both the hourly and salaried staff remain,. Cretex

will continue to manufacture Lock Joint concrete

products,.

Cretex Pressure Pipe, Inc.., shall continue to meet

the disposal activities as required of Gifford—Hull

American Lock Joint, Incorporated, by the Illinois

Pollution Control Board,.

In light of these changed circumstances, the Board hereby

vacates its April 30, 1987 Opinion and Order..

It would appear that Cretex is requesting the Board to grant

to it the regulatory relief which the Board was prepared to grant

to Gjfford—flull.. However, the only sworn testimony in this

record is that presented by Gifford—Hull.. If Cretex wishes to

adopt as its own and reaffirm the testimony presented on behalf

of Gifford—Hill concerning all aspects of the manufacturing and

disposal activities, Cretex should do so by way of affidavit from

personnel having authority to so bind the corporation.. In this

78-102

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event, the Board would consider proposing the rules without

holding an additional hearing.. If, however, circumstances have

substantially changed, Cretex should so inform the Board, as an

additional hearing would then be required to update this record..

On or before July 1, 1987, Cretex is directed to file a

response to this Order.. If no response is received by that time,

this proceeding will be subject to dismissal,.

IT IS SO ORDERED,.

I, Dorothy M,. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Interim Order was adopted on

the

j~7’

day of

____________,

1987, by a vote of

~“0

Dorothy M. ~unn, Clerk

Illinois Pollution Control Board