ILLINOIS POLLUTION CONTROL BOARD
May 19,
1994
PEKIN METRO LANDFILL,
)
Petitioner,
V.
)
PCB 92—212
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
On Nay 16,
1994 Pekin Metro Landfill
(Pekin)
filed a motion
for a 60-day extension of the briefing schedule in each of its
two permit appeals, PCB 92-212 and PCB 93—1.
In each case, the
briefing schedule has been previously extended four times by
Board orders of August
5,
1993,
September 23,
1993, November 18,
1993, and February
3,
1994.
The instant requests were
accompanied by 60-day waivers of the decision deadlines,
i.e.
until January 27,
1995.
The Illinois Environmental Protection
Agency
(Agency) has not filed
a response.
As grounds for the first three extensions, Pekin assured the
Board that settlement negotiations were ongoing between Pekin,
the intended purchaser of the landfill, the Agency, and the
Office of the Attorney General.
In its November 15,
1993 motion,
Pekin informed the Board that the parties had reached agreement
on all substantive issues, but the Attorney General was still
drafting the proposed consent order.
In its January
13,
1994
motion,
Pekin indicated that the parties had negotiated and
agreed upon the language of the consent order and were awaiting
final approval from the Office of the Attorney General.
Pekin now states that the final consent order was issued by
the Attorney General’s Office and executed by Pekin on March
7,
1994.
Pekin forwarded the consent order to Waste Professionals
by the week of March
14,
1994, which executed it on April
8,
1994.
A representative of Pekin delivered it to the Attorney
General that same day.
The parties are now awaiting execution of
the consent order by the Office of the Attorney General, and its
entry in the Circuit Court of Tazewell County.
Pursuant to the
terms of the consent order,
the parties will present to the Board
a joint motion to dismiss within seven days of entry of the
consent order.
The motion for extension is granted.
Petitioner’s closing
brief is now due on or before July 11,
1994.
IT IS SO ORDERED.
2
I, Dorothy N. Gunn,
Clerk
of the Illinois Pollution Control
Boar
ereby certify that the above order was adopted on they
________day of
________________
1994, by a vote of
________
~
orothy N. G
n,
Cler)E
Illinois P0
1 tion Control Board