ILLINOIS POLLUTION
    CONTROL BOARD
    April 21,
    1994
    IN
    THE MATTER
    OF:
    )
    )
    PETITION OF ACME STEEL
    COMPANY
    )
    AS 94-8
    AND
    LTV
    STEEL COMPANY
    FROM
    )
    (Adjusted Standard)
    35 ILL.
    ADM.
    CODE S302.211
    )
    ORDER
    OF
    THE
    BOARD:
    On March 24,
    1994, Acme Steel Company
    (“Acme”) and
    LTV
    Steel Company
    (“LTV”)
    filed a petition for adjusted standard
    regarding their facilities located on the Calumet River in Cook
    County, Illinois.
    LTV’s facility is commonly referred to as
    South Chicago Works and Acme’s facility is referred to as the
    Chicago facility.
    The petitioner’s are requesting an adjusted
    standard from the General Use water quality standards for
    temperature as it applies to the discharges from the facilities
    in the Calumet River.
    (35 Ill.
    Ads.
    Code
    S302.2l1)
    Section 28.1 of the Act authorizes the Board to dismiss the
    instant petition at any time if it determines
    that
    the petition
    is duplicative or frivolous,
    or
    that
    the petitioner is not
    pursuing disposition of
    the
    petition in a timely manner.
    In
    addition,
    Board regulations at 35 Ill. Adm. Code 106.902
    (a)
    authorize dismissal if the petition is deficient with respect to
    the requirements of 35 Ill. Ads. Code Sections 106.705, 106.706,
    106.710 and 106.712.
    Section 28.1 also requires th9 Board to conduct a public
    hearing if th~
    Uoard,
    in its discretion, determines a hearing
    would
    b~
    advisable or if the Board receives a request for hearing
    from any person within 21 days of publication of public notice of
    the filing of the petition.
    An action before the Board is duplicative if the matter is
    identical or substantially similar to one brought in another
    forum (Brandle v.
    RooD,
    PCB 85-68, 64 PCB 263
    (1985)).
    An action
    before
    the
    Board
    is
    frivolous if it fails to state a cause of
    action upon which relief can be granted by the Board (Citizens
    for
    a
    Better Environment v. Reynolds Metals Co., PCB 73—173,
    8
    PCB 46
    (1973)).
    A petition is deficient with respect to
    35
    Ill.
    Ads. Code Sections 106.705,
    106.706, 106.710 and 106.712 if it
    omits any required information or lacks any required supporting
    affidavits or proofs
    as specified in those sections.
    There
    is no evidence before the Board to indicate this
    matter is identical or substantially similar to any matter
    brought in another forum, nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    therefore, the Board finds that, pursuant to 35
    Ill.
    Ads. Code
    2
    103.124(a), the complaint is neither duplicative nor frivolous.
    Since this action has just been filed, there is also no evidence
    before the Board that petitioner is not pursuing timely
    disposition of the petition.
    Additionally, at this time there is
    no evidence before the Board that the petition is deficient with
    respect to 35
    Ii..
    Ads. Code Sections 106.705,
    106.706, 106.710
    and 106.712.
    Finally, the petitioners published notice of their request
    for an adjusted standard on March 21,
    1994 as required by Section
    28.1(d) (1)
    of the Act.
    On April 20, 1994 the Board received a
    request for hearing from Chicago Legal Clinic within the 21 day
    period to request a hearing in this matter.
    Accordingly, this
    matter shall proceed to hearing.
    This is a type of case for which the Act prescribes no
    deadline for decision, although as noted the Act requires the
    petitioner to timely pursue disposition of the petition.
    Therefore, hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and
    35 Ill. Ads. Code
    Part 101 and Part 106, subpart G.
    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 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.
    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.
    IT IS SO ORDERED.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer ify that the above order was adopted on the
    .=~.Z’-~--’--
    day of
    ___________
    ,
    1994,
    by a vote of
    ~
    —o
    A.
    Dorothy M. ~unn, Clerk
    Illinois P~1lutionControl Board

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