ILLINOIS POLLUTION CONTROL BOARD
    February 3,
    1994
    R. LAVIN
    & SONS,
    INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 90—31
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    On March 5,
    1990 R. Lavin
    & Sons,
    Inc.
    (Lavin)
    filed this
    petition for variance from certain of the Board’s water pollution
    regulations.
    The petition was accepted for hearing on March 8,
    1990.
    On January 25,
    1994 the parties submitted status reports
    pursuant to Board order.
    The Illinois Environmental Protection
    Agency
    (Agency) discusses the history of this proceeding, submits
    recent discharge monitoring reports received from R. Lavin
    &
    Sons,
    Inc.
    (Lavin),
    and states that nothing has changed since the
    last status report.
    In
    a previous report, the parties noted that
    they had extended the period for negotiations under the dispute
    resolution clause in a consent decree entered into by these
    parties in a related enforcement action, People v.
    R. Lavin
    &
    Sons
    (1990), No.
    90—CH-668.
    Lavin states that it is continuing
    to await the final decision of the the North Shore Sanitary
    District (NSSD)
    and the City of North Chicago (North Chicago)
    regarding Lavin’s request to reroute some of Lavin’s stormwater
    discharges.
    Lavin requests that the Board set the matter for
    another status report by the end of April 1994.
    The Board notes that this matter has a statutory decision
    deadline of June
    1,
    1994.
    Therefore,
    the Board declines to grant
    another status date for April 1994.
    The Board requires 120 days
    in which to schedule hearing, give public notice, establish a
    briefing schedule, receive and review the transcript and fully
    deliberate on the matter.
    Under such time constraints, the Board
    will be required to set this matter for hearing without a waiver
    of the statutory deadline.
    The Board further notes that this
    matter is nearly four years old.
    The petitioner stated over one
    year ago that a decision from North Chicago and the NSSD was
    expected shortly.
    No decision has been reported.
    It is
    necessary for the parties to bring this four—year-old matter to
    resolution sometime in the near future either through pursuit of
    hearing and decision on the merits or by settlement.
    —2—
    The Board directs the parties to file a status report with
    the Board and hearing officer on or before March 11,
    1994
    detailing a projected timeline for completion or settlement.
    In
    the meantime, absent a waiver of the decision deadline,
    the
    hearing officer will contact the parties to schedule a hearing.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer~j~fy
    that the above order was adopted on the
    ~
    day of
    _________________,
    1994, by a vote of
    7~
    (J ~
    ~I
    /~~J
    ~Dorothy N. ~inn, Clerk
    Illinois P~1lutionControl Board

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