ILLINOIS POLLUTION CONTROL BOARD

January 6, 1994

ENRO MARKETING

COMPANY,

Petitioner,

v.

)

PCB 93—122

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by E. Dunham):

On October 1, 1993,

EMRO

Marketing Company (ENRO) and the

Illinois Environmental Protection Agency (Agency) filed a joint

status report. The status report notes that the parties have met

to discuss resolution of this matter. The parties believe that

settlement is possible. Accordingly, the parties have postponed

setting a date for hearing. ENRO has filed a waiver of the

decision deadline until June 16, 1994. The parties requested

that no hearing be set in this matter until late December 1993.

If this case is not dismissed or otherwise resolved by

February 16, 1994, and a hearing is required, an additional

waiver of the statutory decision deadline should be filed. The

Board requires a minimum of 120 days in which to schedule

hearing, give public notice, establish a briefing schedule,

receive and review the transcript and fully deliberate on the

matter. The Board notes that this time frame presents a tight

schedule for completion of all matters before the Board and only

provides the Board a short period to deliberate on the matter.

Therefore, whenever possible additional time should be allowed.

Under the present time constraints imposed by the statutory

deadline, the hearing officer, prior to February 16, 1994, must

set the date for the hearing.

The parties are directed to file a status report with the

Board on or before February 4, 1994. An additional waiver of the

decision deadline should accompany the status report, if the

parties are not ready to proceed to hearing at that time.

IT IS SO ORDERED.

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

Board,

hereby certify that-4the above order was adopted on the

____________day oi

1994, by a vote of

7~ .

(Y

nn, Clerk

.lution Control Board