ILLINOIS POLLUTION CONTROL BOARD
July 30,
1992
HEICO.
INCORPORATED,
)
Petitioner,
)
v.
)
PCB 90—196
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by G.T. Girard):
On June
23,
1992,
the
Board
entered
an
order
rejecting
a
status report
filed June 15 in response to the Board’s order
of
April
23,
1992.
The
Board
ordered the
filing
of
an
adequate
amended status report on or before July 7,
1992,
finding that in
the June report “t~he parties have failed to indicate what actions
have
been
taken,
or
progress
made,
toward
resolution
of
this
action,
and
have
failed
to
provide
an
estimated date
for
the
completion of this proceeding”.
On July 8, 1992, the parties filed a letter regarding “status
of
negotiations”.
The parties have not filed
a
signed original
signature page as required by 35 Ill. Adm. Code 101.103(g), having
instead filed a duplicate of a telefaxed signature page.
There is
no
indication
that
the hearing officer received
a
copy
of this
letter,
since there was no proof of service or “cc” indication on
the letter.
By
separate filing,
Heico provided
a waiver
of the
Board’s decision deadline to February 27,
1992; this document was
served on the hearing officer.
The substance of the parties report is that this is an appeal
of
the Agency’s
denial
of
a
RCRA
clean
closure
certification
concerning an area of soil adjacent to a concrete pad upon which
several
barrels
containing hazardous wastes had allegedly been
stored for more than 90 days.
Cadmium is the parameter of concern.
The cleanup objective contained in Heico’s Agency—approved closure
plan was
0.01
mg/l.
Based
on
sampling
data
from
the
site,
petitioner requested,
and the Agency
refused,
to reconsider the
cleanup objective level.
Heico reports that since the Agency’s April
14,
1992 refusal
of reconsideration
Petitioner
and
IEPA
have
had
numerous
discussions regarding the amount of additional
soil removal and sampling that would be needed
0135-0121
2
to satisfy IEPA that clean closure
has been
achieved.
Such a discussion was held on July
6,
1992.
It
is anticipated
that additional
discussions will be needed.
If the parties
reach and agreement,
Petitioner will request
that
a
hearing
be
set.
The
parties
anticipates that they will need at least 120
more days to try to resolve the issues and to
determine
if
a
hearing
will
be
necessary.
Thus,
Petitioner
is
submitting
a
letter
waiving the Board’s decision date by 120 days.
As the parties have demonstrated that adequate progress has
been made toward resolution of this
action,
the
Board
will not
order
this
matter
to
hearing
at
this
time.
The parties
are
directed to file an updated status report on or before November 1,
1992.
The status report shall be captioned in the style set forth
in
35
Ill.
Adm.
Code 101.Appendix A,
and
shall conform with all
filing requirements of 35 Ill. Adm.
101.
Failure to timely file a
status
report
acceptable
in
form and substance may subject the
parties to sanctions pursuant to 35
Ill. Adm. Code 101.Subpart J.
IT IS SO ORDERED.
I,
Dorothy N. Gunn,
Clerk
of the Illinois Pollution Control
Board,
hereby cer ify that the above order was adopted
9fl
the
~C~- day of
_________________,
1992, by a vote of
~
.
Dorothy N.
5~/inn, Clerk
Illinois Poflution Control Board
0135-0122