ILLINOIS POLLUTION CONTROL BOARD
April 22, 1993
REICHHOLD CHEMICALS, INC.,
Petitioner,
v.
)
PCB 92—165
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On March 11, 1993, the Board granted Reichhold Chemical’s
(Reichhold) motion for a 120 day extension of the stay in this
matter. The Board granted a stay until June 25, 1993. In a
March 25, 1993 order the Board mistakenly stated that the matter
was stayed until October 25, 1993. October 25, 1993 is the
current decision deadline in this matter. The Board granted the
stay only until June 25, 1993
A December 3, 1992, hearing officer order scheduled a
hearing in this matter for April 12, 1993. On the date of the
scheduled hearing only the hearing officer appeared at the
hearing. After contacting the parties, it was determined that
the parties believed that because the matter was stayed the
hearing was cancelled. Neither the motion for stay nor the
Board’s orders directly mentioned the scheduled hearing or the
effect of the stay on the hearing. The parties took no formal
action to cancel the hearing and did not contact the hearing
officer or the Board concerning the status of the scheduled
hearing.
This a deadline case which has been before the Board for
less than six months in which the petitioner has filed 3 limited
waivers and two motions to stay. Further, the petitioner did not
formally cancel a scheduled hearing. The continual filing of
limited waivers and the cancellation of hearings taxes the
administrative resources of the Board. Further, the cancellation
of a hearing that has already been noticed in newspapers of
general circulation wastes the Board’s resources and misinforms
the public.
To allow adequate time for the filing of briefs and Board
deliberation before the deadline, the Board requires that
hearings be scheduled approximately 120 days prior to the
decision deadline. It is the responsibility of the petitioner to
provide adequate waivers and proceed with the matter in a timely
fashion, yet not to cancel hearings after notice has been
published without substantial justification.
01 ~I -0225
2
Failure to provide the Board with an adequate waiver or
cancellation of noticed hearings may subject this matter to
dismissal for want of prosecution.
The parties have been ordered to file status reports with
the Board on or before June 25, 1993.
IT
IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify..tha~tthe above order was adopted on the
~~~—day
of
___________________
,
1993, by a vote of
~
~
DorothyM.,~nn,
~c.
Clerk
/L~Y
Illinois ~‘~lution Control Board
01
Li~
I -0226