ILLINOIS POLLUTION CONTROL BOARD
June 17,
1993
IN THE
MATTER
OF:
)
)
PETITION OF QUANTUM CHEMICAL
)
CORPORATION, USI DIVISION, FOR
)
AS 92—14
ADJUSTED STANDARD FROM 35 ILL.
ADM.
)
(Adjusted Standard)
CODE 218.966
AND
218.986
)
ORDER OF THE BOARD
(by R.
C.
Flemal):
On June 14,
1993 the Illinois Environmental Protection
Agency
(Agency) filed a motion for extension of time to file its
response in this matter.
The Agency also asks for continuance of
the hearing currently scheduled in this matter for June 30,
1993.
Relevant procedural history in this matter is that on
December 7,
1992 Quantum Chemical Corporation,
USI Division
(Quantum),
filed a petition for adjusted standard from 35 Ill.
Adiu.
Code 218.966 and 218.986.
Quantum then filed an amended
petition on December 21,
1992, which caused the Agency to request
additional information from Quantum and to move this Board for an
extension of time to file its recommendation in light of the
amended petition.
On February 4,
1993 the Board granted the
Agency’s request for extension of time, causing the Agency’s
recommendation to thereby be due on or before June
21,
1993.
On May 17,
1993 Quantum filed a second amended petition, and
the Agency has again requested additional information of Quantum
and again moves the Board to extend the deadline for submission
of its recommendation.
The Agency states that it and Quantum
have had numerous discussions and that they are close to
agreement on the issues, which may result in an amended joint
petition to be filed with the Board.
Additionally,
a hearing is scheduled in this matter for June
30,
1993.
Therefore, the Agency further requests that this
hearing be continued.
The Agency reports that Quantum does not
object to the granting of the extension of time to file the
Agency response or the granting of a continuance of the hearing.
The Board grants the Agency’s motion for additional time to
file its recommendation.
The Board appreciates the fact that
parties wish to negotiate to limit the issues at hearing or
resolve the matters prior to hearing.
As regards the hearing, the Board grants continuance.
However,
it must be noted that the hearing had been set and
newspaper notice had been given.
Cancellation of a hearing that
U
L~)~j~O
2
has already been noticed both wastes the State’s resources and
misinforms the public.
It is the responsibility of the parties
to proceed with this matter in a timely fashion, yet not to seek
cancellation of hearings after notice has been published without
substantial justification.
The Agency shall file its response to Quantum’s petition on
or before August 16,
1993.
The Board disfavors any further
requests by the parties that would cause cancellation of
newspaper noticed hearings.
The hearing officer is directed to
continue the hearing to
a future date consistent with this order.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board
hereby cert
that the above order was adopted on the
IT~
day of
,1993, by a vote of
7
—
Dorothy M. 9~i)~n,Cler1~
Illinois Po~yutionControl Board
C)
L~.3-O252