ILLINOIS

POLLUTION CONTROL BOARD

August

2,

1984

REPUBLIC STEEL

CORP..

)

and LTV STEEL

CO..,

)

)

Petitioners,

)

)

PCB 81~47

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by 3.

Anderson):

On July 30, 1984

the parties filed an agreed

motion

to

consolidate this

action,

a permit denial appeal, with a variance

petition filed the same

day, PCB 84~111.

The motion recites

that

the variance petition

~relates to the limitations which

the

Agency

contends,

as a basis for the

(1981

denial of

the

operating permit,

are being violated,~and that the parties

believe it would be in

the interests of the public and

administrative

economy for the matter to be disposed of on

the

variance petition....

..

As

a threshold

matter,

the Board notes that on June 29,

1984

it ordered that hearing

in PCB 81~47be scheduled within 30

days

and held within 60 days

of that

date,

On July

6, hearing was

scheduled for August

9,

1984.

The statutory decision date had,

by written waiver, been extended only through July

9,

1984.

The

Board construes Republic~saction in scheduling a hearing 30 days

beyond the decision date

as a

ro tanto waiver of the decision

date at least through August

9.

Addit onally, Republic~s

request

for continuance of the August

9 hearing is consistent with

extension of the waiver through that date.

The Board grants the

motion to continue the hearing in

PCB

8I~47,

and stays the case for

120 days, construing Republic~s

motion as giving a

~

waiver of the decision

date..

However,

the motion to consolidate PCB 81—47 with PCB 84—111 is

denied,

as it would appear that the parties wish the Board

to

handle PCB 84—111 before

PCB

81—47, rather than contemporaneously

with

it..

The parties may,

however, renew their motion

to

consolidate with a fuller

explanation of

why consolidation,

rather than the stay

here granted, better suits the needs

of

these two cases..

~a1Ri

---

—2—

I,

Dorothy

~‘(..

Gunn, Clerk of the Illinois Pollution

Control

Board,

hereby certify ~4iatthe above Order was adopted

on

the

~

day of

,

Dorothy

M. ~tunn, Clerk

Illinois Pollution Control

Board