ILLINOIS POLLUTION CONTROL BOARD

April 4,

1996

WHITE CAP, INC,

)

)

Petitioner,

)

)

PCB96-191

v.

)

(Variance

-

Air)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD (by J. Theodore Meyer):

On March

6,

1996

White Cap,

Inc.

(White Cap) filed a petition for an extension of

variance regarding

its

facility located at

1819

North Major

Avenue,

Chicago, Cook

County,

Illinois.

White Cap also filed a Motion to

Incorporate Documents by Reference to include the

record of its current variance granted in Continental

White Cap.

Inc.

v.

IEPA (April 22,

1993)

PCB

92-155,

141

PCB

17.

On April

1,

1996 the Illinois

Environmental Protection Agency

(Agency) filed a

Motion to

File Agency’s Response to Motion to Incorporate Documents by Reference

Instanter,

and the Agency’s Response to Motion to Incorporate Documents by

Reference.

The

Agency states that due to

illness and heavy workloads the Agency’s review of White Cap’s

motion was delayed.

The Agency also

states that since White Cap’s variance was first

granted, subsequent extensions have since been assigned

to three different counsel and the

Agency has relocated twice, thereby making it difficult to determine if all the necessary

information is in

its files.

Therefore,

the Agency

requests

White Cap to provide a list of

specific documents to be

incorporated by

reference so that

the Agency can make an

informed

recommendation.

On April 2,

1996 the Agency

timely filed its Motion

for Extension ofTime

in Which to

File Recommendation, restating

the circumstances set forth above and requesting an extension

until

May 3,

1996.

The Agency

asserts that White Cap has agreed with this

extension request

and will not be

prejudiced by

it.

The Board hereby grants the Agency’s motion to file instanter and accepts

its response

to White

Cap’s motion.

In light of the Agency’s changes in personnel and locale, the Board

grants White Cap’s motion to incorporate documents by

reference conditioned upon

White Cap

providing the Agency and

the Board

with a

list of the specific documents to be

incorporated.

---

The Board also grants the Agency’s motion for an extension of time

to file its recommendation

on or before May 3,

1996.

This

matter

is accepted for hearing.

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

Ill.Adm.

Code

101.105).

The Board will assign a hearing officer to conduct hearings

consistent

with this order, and the Clerk of the Board shall promptly issue

appropriate

directions

to that assigned hearing officer.

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 ofhearings

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

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 decision deadline or

deferred decision deadline.

Absent any

future

waivers of the decision deadline, the statutory

decision deadline is

now July 3,

1996

(the

120th day from March 6,

1996 being July 4,

1996,

a holiday);

the Board meeting immediately preceding the due date is scheduled for June 20,

1996.

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.

The Board notes that

Board rules

(35 Ill.Adm. Code

104.180) require the Agency

to file its recommendation for disposition of the petition within 30 days of filing the petition.

IT

IS

SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution

Control Board,

hereby certify

that

the above order was adopted on

the -~/~~day

of

___________,

1996,

by

a v9te of

7~

.

Dorothy M. Guii)~Clerk

Illinois Pollutio~Control Board