ILLINOIS POLLUTION CONTROL BOARD
September 15,
1994
OLIN CORPORATION, and
)
UNITED STATES DEPARTMENT OF
)
INTERIOR, FISH
AND
WILDLIFE
)
SERVICE,
)
Petitioners,
)
V.
)
PCB 91—207
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On November 4,
1991,
Olin Corporation
(“Olin”) and the
United States Department of Interior, Fish and Wildlife Service
(“DOl”)
filed a petition for hearing to review certain terms and
conditions contained in modifications made by the Illinois
Environmental Protection Agency (“Agency”)
of a RCRA Part B
Permit for the storage of hazardous waste in containers
in six
magazines located in the southern portion of “Ordill Area 13” of
the Crab Orchard National Wildlife Refuge,
owned by DOl.
The
hazardous waste storage facility is currently operating under
interim status authority pursuant to 35 Ill.
Adm. Code Section
703.150 and 40 C.F.R.
Section 270.5(e).
On December 29,
1993,
Olin,
DOl and the Agency jointly
submitted a status report pursuant to Board order of September
23,
1993.
On January
6,
1994,
the Board accepted the status
report and further requested that Olin and DOl file a statutory
deadline waiver in this case,
or it would
be set for hearing.
On January 13,
1994, the Board received a waiver until January
1,
1995.
As was stated in our January 6th order,
we indicated we
would re—establish a status report schedule upon receipt of the
waiver.
Accordingly, the parties were directed to file a status
report in this matter on or before April
14,
1994.
The parties
filed said status report and the Board issued an order on April
21,
1994 requesting another status report to be filed on or
before August 26,
1994.
The parties filed pursuant to the April order their status
report on August
29,
1994.
This latest status report states that
the negotiations are still ongoing yet the parties have reached a
tentative agreement resolving the issues in dispute.
The parties
state that the Agency is currently drafting a Part B permit for
the facility and that the anticipated issuance of the Part B
permit
will lead to the dismissal of this appeal.
The status
report does not state
an expected date of issuance of the Part B
permit or the dismissal of this appeal.
2
The Board accepts the status report.
The decision due date
in this matter is January
1,
1995.
The Board is unwilling to
grant any further stays or continuance
in this matter without an
additional waiver of the decision due date.
The Board will set
this matter for hearing at the October
6,
1994 meeting unless an
extension of the decision due date is received prior to that
date.
If a waiver is received prior to that date the Board will
re—establish a status report schedule.
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby~çertifythat the above order was adopted on the
,5zZ
day of ______________________,
1994, by a vote of
~
Control Board