ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

GRANITE CITY STEEL DIVISION,

NATIONAL STEEL CORPORATION

Petitioner,

v.

)

PCB 94—171

(UST—Fund)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by C

•

A. Manning):

On June 6, 1994, Granite City Steel Division, National Steel

Corporation (Granite) filed a petition for review of an Illinois

Environmental Protection Agency (Agency) final disapproval of

Granite’s Leaking Underground Storage Tank Physical Soil

Classification and Groundwater Investigation Plan. The Agency

issued a final decision on May 2, 1994, accompanied by Attachment

A which contains the stated reasons and Attachment B which

contains the associated budget. The final determination concerns

Granite’s steel manufacturing and processing facility located at

20th and State Streets, Granite City, Madison County, Illinois.

This matter is accepted for hearing.

Granite filed a ninety (90) day waiver of the decision

deadline date, extending the deadline to January 2, 1995; the

Board meeting immediately preceding the due date is scheduled for

December 15, 1994. Granite also filed a motion to stay

proceedings through January 2, 1995 (pending issuance of the

Final Notice, Opinion and Order in R94—2 and anticipated

negotiated settlement). The Board naturally declines to stay

this case through or beyond the expiration of the decision

deadline. The Board will grant a stay until August 17, 1994 (120

days prior to December 15, 1994). The Board will entertain any

additional motions to stay the proceedings as long as they are

accompanied by a waiver of the decision date sufficient to allow

the Board a full 120 days to process the case in the event no

settlement is reached.

The hearing must be scheduled and completed in a timely

manner, consistent with Board practices and the applicable

statutory decision deadline, or the decision deadline as extended

by a waiver (petitioner may file a waiver of the statutory

decision deadline pursuant to 35 Iii. Adm. Code 101.105). The

Chief Hearing Officer shall assign a hearing officer to conduct

hearings. The Clerk of the Board shall promptly issue

appropriate directions to the assigned hearing officer consistent

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2

with this order.

The assigned hearing officer shall inform the Clerk of the

Board of the time and location of the hearing at least 40 days in

advance of hearing so that public notice of hearing may be

published. After hearing, the hearing officer shall submit an

exhibit list, a statement regarding credibility of witnesses and

all actual exhibits to the Board within five days of the hearing.

Any briefing schedule shall provide for final filings as

expeditiously as possible and, in time—limited cases, no later

than 30 days prior to the decision due date, which is the final

regularly scheduled Board meeting date on or before the statutory

or deferred decision deadline.

If after appropriate consultation with the parties, the

parties fail to provide an acceptable hearing date or if after an

attempt the hearing officer is unable to consult with the

parties, the hearing officer shall unilaterally set a hearing

date in conformance with the schedule above. The hearing officer

and the parties are encouraged to expedite this proceeding as

much as possible. The Board notes that Board rules (35 Ill. Adm.

Code 105.102) require the Agency to file the entire Ac~encvrecord

of the permit application within 14 daYs of notice of the

petition. In this case, the Board orders the record to be filed

within 14 days of the expiration of the stay (i.e. August 31,

1994).

IT IS SO ORDERED.

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

Board, here ertify that the above order was adopted on the

____

day of

___________________

,

1994, by a vote of

________.

~borothy N. ,C~n, Clerk

Illinois Po,~,1ution Control Board