ILLINOIS POLLUTION CONTROL BOARD
May 19,
1994
IN THE MATTER OF:
)
PETITION OF CONVERSION SYSTEMS,
)
AS 93-5
INC.,
FOR ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35 ILL.ADM.CODE PART 811
)
(NONOFILL)
ORDER OF THE BOARD
(by M. McFawn):
On May 3,
1994,
the Illinois Environmental Protection Agency
(Agency)
filed a motion to withdraw one attorney’s appearance and
substitute another, along with a motion for an extension of time
to file the Agency’s response in this matter.
The Agency’s
response has been due since February 18,
1994 pursuant to the
Board’s order of January 20,
1994.
The Agency acknowledges that
its response is overdue, but represents that the parties are
negotiating a settlement
in this matter.
The Agency requests
until May 23,
1994 to file its response.
The Agency’s motions to
withdraw and substitute are granted.
The Board
is critically aware that this matter has not
progressed since the Board’s order of August 26,
1993.
At that
time the parties disagreed about whether the adjusted standard
procedure was available to petitioner.
Given the lengthy delay
in the Agency filing its response and its statement that
negotiations are ongoing, the Board will assign a hearing officer
and order that a pre—hearing conference be scheduled to discuss
the underlying causes for the delay and the best procedural and
expeditious manner for considering the relief sought by
petitioner.
If after appropriate consultation with the parties, the
parties fail to provide an acceptable date or if after reasonable
attempts the hearing officer is unable to consult with the
parties, the hearing officer shall unilaterally set a date for
the pre-hearing conference.
The Board will grant the Agency
until May 23,
1994 to file it’s response in this matter.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Bor~~.
hereby certify that the above order was adopted
o1n
t~ie
/7’1-’~dayof
~flr)
‘~—~--i.
,
1994, by a vote of
‘~Z
~-~orothy M. Gu~4~,Clerk
Illinois Poll~üJionControl Board