ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    ILLINOIS CENTRAL RAILROAD,
    )
    (Centralia Facility)
    )
    Petitioner,
    )
    PCB 91-18
    (Permit App~i)
    v.
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (3.
    Anderson):
    This matter comes before the Board on the motion for summary
    judgment of Illinois Central
    (Illinois Central) Railroad dated
    June 9,
    1992.
    Illinois Central filed
    its original motion for
    summary judgment and memorandum in support on June
    4.
    It moved
    for leave to file a corrected memorandum on June 5 and a
    second
    corrected memorandum on June 9.
    The Agency filed its response on
    June
    19,
    1992.
    Illinois Central filed a reply together with a
    motion for leave to file on June 22,
    1992.
    That motion
    represents that Illinois Central discussed the filing of a reply
    with the Agency, and the Agency offered no objection to the
    filing.
    Illinois Central also filed a motion to file a brief in
    excess of 15 pages.
    The Board hereby grants the procedural motions to file.
    The
    Board grants the Illinois Central June 5 and
    9 motions for leave
    to file instanter.
    The Agency poses no objection to the filing
    of the June 22 reply by Illinois Central, so the Board grants the
    June 22 motion for leave to file.
    The Board further grants to
    leave to file a brief in excess of 15 pages.
    This permit appeal challenges various related conditions
    imposed by the Agency on the NPDES permit issued for Illinois
    Central Railroad’s Centralia facility.
    Those conditions would
    impose effluent limitations and require periodic monitoring for
    benzene and composite BETX (benzene, ethylbenzene, toluene, and
    xylene).
    Illinois Central represents that this facility is one
    of several facilities it owns in Illinois whose NPDES permits
    will soon require renewal.
    Without
    rehashing the arguments posited by Illinois Central
    in support of its motion,
    it is sufficient for the purposes of
    this motion to characterize them.
    First, the arguments depend on
    facts not of record, and the memorandum that asserts those facts
    is not verified or supported by affidavit.
    Further,
    a decision
    in favor of summary judgment on behalf of Illinois Central would
    force a singularly difficult conclusion that there was no support
    in the Agency record for the conclusion that benzene,
    1
    34—305
    2
    ethylbenzene,
    toluene, and/or xylene could be a constituent of
    the wastewater influent at some time or another.
    Whether the Agency could reasonably suspect the presence of
    these constituents in the wastewater influent is a question of
    fact.
    The present record is insufficient for the Board to draw
    such conclusions as would justify summary judgment.
    For the foregoing reasons, the Board hereby denies the
    Second Amended Motion for Summary Judgment filed by Illinois
    Central Railroad.
    This matter will proceed to hearing.
    The
    Board notes that a hearing is presently scheduled for July 10,
    1992.
    IT
    IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boar~,do hereby caz~tifythat the above order was adopted on the
    ~S”~
    day of ____________________________,
    1992,
    by a vote of
    7o
    .
    /~
    c:~t
    /1•
    _~~71
    ~y-
    /
    ~
    ~
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    /
    Dorothy M.,//Gunn, Clerk
    Illinois P~ollutionControl Board
    I 34—306

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