ILLINOIS POLLUTION CONTROL BOARD

May 19, 1988

MARLEY—INGRID (USA), INC.,

Petitioner,

v

)

PCB 88—17

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

This matter comes before the Board on the January 20, 1988

Amended Petition of Marley—Ingrid (USA), inc. (“Marley—

Ingrid”). This petition appeals certain conditions imposed by

the Illinois Environmental Protection Agency (“Agency”) on

December 11, 1987 on Marley—Ingrid’s Closure Plan for its

hazardous waste surface impoundment located in Lake Bluff,

Illinois. Marley—Ingrid timely filed its original petition on

January 15, 1988. Public hearings were held on April 20 and 27,

1988. The parties declined at the hearings to submit post—

hearing briefs. This matter is currently due for an October 6,

1988 decision at that regularly—scheduled Board meeting. The

current statutory deadline for decision in this matter is October

17, 1988.

The Board believes that a lack of final—briefings is

particularly inappropriate in the context of most permit

appeals. This is a permit appeal, and in such a proceeding, the

parties bear a particular burden of proceeding before the

Board. Such briefings are vital to the crystalization and final

disposition of the issues involved. For these reasons, the Board

directs the Petitioner to submit its post—hearing brief to the

Board not later than June 22, 1988. The Agency shall submit its

response brief not later than July 22, 1988. Any supplemental or

reply briefs shall be filed no later than August 5, 1988.

The Board directs the parties’ attention to the recent

decision in Browning—Ferris Industries of Illinois, Inc. v.

Environmental Protection Agency, PCB 84—136 (May 5, 1988). That

proceeding involved an appeal from Agency modifications of a RCRA

Closure and Post—Closure Care Plan. It should provide at least

minimal guidance for the Board and the parties in the disposition

of the issues in this current appeal.

The parties shall submit post—hearing briefs and comply with

the schedule described in this Order.

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The Clerk of the Board shall forward copies of this Order to

the attorneys of record together with copies of the May 5, 1988

Opinion and Order in PCB 84—136.

IT IS SO ORDERED

Chairman J.D. Dumelle dissented. Board Members Joan

Anderson and John Marlin concurred.

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

Board, hereby certify that the above Order was adopted on

the

/9~-

day of _________________________, 1988, by a vote

of

‘~—/ .

7

Dorothy M. unn, Clerk

Illinois Pollution Control Board

89—2 78