ILLINOIS

POLLUTION

CONTROL

BOARD

January

7,

1993

LONE

STAR

INDUSTRIES,

INC.,

Petitioner,

v

PcB

92—134

(Variance)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF

THE

BOARD (by B. Forcad.):

On Noveaber 9, 1992, the Illinois Environa.ntal

Protection

Agency (“Agency”)

filed

itø

recoaesndation in this

aatter

•

The

recoaaendation included a copy of the October

20

letter

fros the

objector

in

this

proceeding;

the

letter

raised concerns regarding

leachate

and

aonitoring

at

the

site

and requested

notification

of

the

bearing.

On

Novesber

12,

1992,

bearing

was, held.

-At

least

one

asaber

of

the

public

attended.

(?r.

6).

.~t

D.osabsr

3Oi

1992,

Lone

Star

Industries,

Inc.,

filed

a

!Rssponse to

Racoanendation

of

the

Illinois

*nviroraental

Protection

Agency

and

Motion

for

Modification

of

Petition

for

Varianc.”1

~j5

docusent

proposes

language

to

replace

the .requiron.nts

in the

Agency

r.coaaendation

regarding

d.watering

of the

~D

pond.

At

bearing

Lone

Star

indicated

it

night

propose

alternatives

to

dewatering

(e.g.,

Tr.

183—4),

but

no specifics

vers

provided.

The

Board

notes

that

the

objector

was

not

served

with

the

Deceaber

30,

1992

filing

by

Lone

Star.

The

Board

finds

the

response

filed

b~

Lane Jtar

is

not

tinely,

and

the. Board

will

not

consider

it.

Th

Board

regulations

regarding

responses

to

r.co.fldations

ar.

found

at

35

Ill.

Adn.

Code

104.181:

Response or Anended Petition

Within

7

days

after

receipt

of

the

Agency

Recoamendation, the petitioner nay:

a)

File

with

the

Board

a

response to

any Agency recasnendatian

and

a

copy

shall

be

served

upon

the Agency;

or,

b)

File

an

ananded

petition

for

variance in accordance with Section

104.121,

requesting

that

the

natter

On January 5,

1993,

Lone Star filed

a

notion to correct

a typographxcal error in

its

response.

This notion

is

granted.

0138-0269

---

2

be set for hearing.

The

Board

shall

authorize

the netter

for

bearing

and

render a final decision within 90

days after the filing of the mended

petition.

One

objective

of

requiring

a

response

within

seven

days

is

to

ensure

areas

of disagre.aent

can

be

addressed

at

hearing

with

specificity.

Another

objective

is

to

ensure

those

attending the

hearing will have the benefit

of

knowledge

of

the

parties

changed

positions.

One obvious difficulty in this

proceeding

was

the

Agency’s

delayed filing of iti recoa*endation,

barely

three days prior to

bearing.

The

Agency’s late filing su~stantial1y

frustrated

both

of the above

stated

objectives.

The Board will require Lone Star to file an Aaendsd Petition

in coapliance with

Section

104.121

if

it

wishes to pursue

alternatives

to devatering.

Such

Mended Petition suet be served

upon

the

objector.

The

Board

will

not at

this

tine

require

another

hearing to

be

scheduled,

howeVer the

Agency

or

the

objector

nay

request

an

additional

hearing

within

35

days

of

being

served

with

the

Mended

Petition.

Th~ Mended

Petition

will

restart

the

tine clock

for

the Board’ö’

decision

deadline

consistent with Section 104

•

181(b).

The Board

notes

that

aiLny

of th. phrases used in the

four

conditions.

articulated

by

Lone

Star

lack specificity.. For

.xaaple:

“the

effectiveness of the

leachate

systea will be

desonstreted”, “substantially eapty”,

“aplcy

supplesental

aethods”,

“if

necessary”, “proves

unworkable”, and “aaflagsable

level”.

Absent greater specificity, the Board would

find

it

difficult to interpret

the

language

.aploysd

-by

LOne

Star.

This netter is presently due for decision on March 25, 1993.

Unless an Asended Petition is filed by February 1, 1993, the

Board will render a decision

based

upon the

record

absent the

•Deceaber

30, 1992 filing.

The

briefing

schedule contained

~n the

Hearing Officer’s

Deceaber

11, 1992

Order

is

specifically flot

stayed~ However, Lone Star’s filing of an

Mended

Petition in

accordance with this Order will

stay

the briefing

schedule

pending

further

order of

the Board.

IT IS SO

ORDERED.

0138-0270

---

3

I, Dorothy M.

Gunn,

Clerk

of

the Illinois Pollution ~trol

Board, hereby cert

that

the above order

was

adopted

on the

7ci”~’

day of _____________,1993,

byavoteof

5—0

rJ~zi~1

,~.

Dorothy N.

9’lann, Clerk

Illinois

Pollution

Control Board

01381271