ILLINOIS POLLUTION CONTROL BOARD

May 19,

1994

IN THE MATTER OF:

)

AS 93—4

PETITION OF CONVERSION SYSTEMS,

)

(Adjusted Standard)

INC.,

FOR ADJUSTED STANDARD FROM

)

35 ILL. ADM. CODE PART 811

(LINER)

)

ORDER OF THE

BOARD

(by M. NcFawn):

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’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 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

Bo~r~hereby certfy that the above order was adopted op the

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__________________,

1994, by a vote of

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Dorothy N.

G9zV~1, Clerk’

Illinois Pol(1j~ItionControl Board