ILLINOIS POLLUTION CONTROL BOARD
    July
    22,
    1993
    IN THE MATTER OF:
    )
    )
    PETITION OF CONVERSION SYSTEMS,
    )
    AS 93-5
    INC.,
    FOR ADJUSTED STANDARD FROM
    )
    (Adjusted Standard)
    35 ILL. ADM. CODE PART 811
    )
    (MONOFILL)
    ORDER OF THE BOARD
    (by J. Anderson):
    On July 2,
    1993, Conversion Systems,
    Inc.
    (CSI)
    petitioned
    the Board for an adjusted standard from 35 Ill. Adm. Code 811
    (inonofill)
    .~
    The Board has before it a number of motions and
    responses regarding procedural matters filed by CSI
    arid the
    Environmental Protection Agency
    (Agency).
    At this time we will
    rule only on:
    a) that aspect of CSI’s July
    2,
    1993 motion
    regarding procedural matters related to its request for
    incorporation by reference;
    b)
    the Agency’s July 16,
    1993 motion
    for extension of time to file a reply to the motion regarding
    procedural matters; and c) the Agency’s motion for an extension
    of time to file its recommendation.
    We note that the rest of the
    filings involve interrelated issues and that the most recent
    three filings, two from the Agency and one from CSI, were
    received by the Board on July 20 and
    21.
    The July 21 filing from
    the Agency addresses only As 93-5,
    and is not ripe for decision.
    The Board anticipates taking action on the rest of the filings at
    its August 5th Board meeting.
    Accompanying CSI’s July 2nd adjusted standard filing was a
    motion to accept incorporation by reference of the record in AS
    92-9
    (closed on March 25,
    1993)
    without the need for filing
    copies of that soine-500 page record in this proceeding and the
    companion AS 93-4 proceeding.
    Although CSI will be happy to
    provide as many copies as the Board may request,
    CSI expects that
    the Board would still have copies of the recently closed AS 92-9
    record and notes that,
    if four copies of that record were filed
    in each new proceeding, the total pages would be in excess of
    4000.
    The Board grants CSI’s motion to incorporate.
    In so
    granting, we note that,
    apart from the size of the incorporated
    document,
    a)
    the AS 93-4 and AS 93-5 proceedings are direct
    outgrowths of AS 92-9; CSI had requested dismissal of AS 92-9
    1
    On the same day, July 2,
    1993,
    CSI also filed a
    companion petition, docketed AS 93-4,
    for adjusted standard from
    35
    Iii.
    Adin.
    Code 811
    (liner).
    The filings in both dockets
    addressing procedural matters, though similar, will be addressed
    by separate order.
    2
    expressly to give itself time to pursue its intent to submit a
    revised refiling.
    (See Petition of Conversion Systems,
    Inc.
    for
    Adiusted Standard from 35 Ill. Mm. Code 810.103, 811.306 and
    811.307,
    (March 25,
    1993 dismissal Order), AS 92—9),
    and
    b) the
    March 25,
    1993 dismissal of AS 92—9 has not been appealed.
    After internal review of the Clerk’s and Board Member’s records,
    directs the Clerk to remove the record from the now—dismissed AS
    92—9 proceeding and place it into the Clerk’s file containing the
    record of this AS 93-5 proceeding.
    The Clerk is also instructed
    to place a notation in the AS 93-5 file that identical copies may
    be found in the AS 93-4 Clerk’s file,
    pursuant to a Board order
    of this same day.
    The Board grants the Agency’s motion for a seven—day
    extension of the seven—day response time contained in 35 Ill.
    Adm. Code 101.241.2
    Also,
    on July 20,
    1993, the Agency filed a motion for an
    extension of the 30—day response time to file its recommendation
    contained in 35
    Ill. Adm. Code 101.241,
    101.242.
    The Agency
    requests that the Board grant a 30-day extension from the date of
    the Board’s opinions on CSI’s July 2nd motion regarding
    procedural matters and the Agency’s July 20th response to CSI’s
    motion and its July 20th motion to dismiss.
    We also note that
    CSI on July 20,
    1993 filed a response to the Agency’s motions to
    dismiss and for extension of time to file its recommendation.
    Regarding CSI’s response to the Agency’s motion for extension of
    time, CSI does not object to an extension for 30 days or less,
    as
    the Board deems appropriate.
    CSI adds that it has had many
    meetings with the Agency, and that the Agency has had the large
    majority of the supporting technical materials for review for
    over a year,
    and the remaining materials for from two to six
    months.
    CSI states,
    however, that it understands the Agency’s
    reluctance to proceed prior to the Board’s acting on the Agency’s
    motion to dismiss.
    The Board grants the Agency’s motion for extension of time
    to file its recommendation, not to exceed 30 days,
    from the date
    of the Board’s action on the remaining CSI and Agency filings
    regarding the appropriateness of CSI’s request for adjusted
    standard relief.
    IT IS SO ORDERED.
    2
    The Board notes that an Agency motion to file its reply
    instanter would have been more appropriate,
    in that the Agency’s
    July 16th filing was ten days beyond its receipt of CSI’s motion.
    3
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, ~hereby certify ~that•the above order was adopted on the
    ~1’~~’
    day of
    _____________________,
    1993,
    by a vote of
    7~
    /•
    //
    1
    1
    f
    /
    /1
    ~
    ,
    ~
    )t--1~—-
    Dorothy M.
    Gu,nl’i,
    Clerk
    Illinois Po11~tionControl Board

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