ILLINOIS POLLUTION CONTROL BOARD
August
8,
1991
JEFFERSON SNURFIT CORPORATION,
)
Petitioner,
)
v.
)
PCB 88—175
(Permit Appeal)
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by B~. Forcade):
On July 18, 1991, Jefferson Smurfit Corporation
(“Smurfit”)
and the Illinois Environmental Protection Agency (“Agency”)
filed
a joint motion for continuance.
That motion is denied.
In the prior order of May 9,
1991,
the Board stated:
The
permit
contested
here
was
issued
on
September
30,
1988;
the
permit
appeal
was
filed
on October
31,
1988.
For more than
2
1/2
years
this
case
has
languished
on
the
Board’s
docket.
The
only
entries
on
the
docket
sheet
from
the
parties
during
that
lengthy period of time are repeated motions
from
Srnurfit to continue hearing and waivers
of
decision
deadline.
On
four
separate
occasions the Board has scheduled a
hearing
and published a newspaper notice of hearing as
well
as
mailing notice
of
such
hearing
to
elected state officials
from that
area.
At
Smurfit’s request, none of those hearings were
ever held.
Four times the Board has expended
its
limited
financial
resources
to
provide
notice
for
a hearing
that never took place.
Four times the Board has
invited
the public
and elected officials to attend a hearing that
never took place.
The time
for
additional
delay has passed.
Today’s motion for continuance was filed after the fifth notice
of hearing was published.
The sole reason cited for the
continuance was continued negotiations which might lead to the
filing of an adjusted standard or site-specific rule.
Even if
filed,
neither proceeding would impact the propriety of the Boron
limitations in Smurfit’s 1988 permit.
Even if such a proceeding
were filed and diligently prosecuted it could take a year from
the date of filing.
125—01
2
This matter will proceed to hearing as directed in the Nay
9,
1991 Order.
Failure to complete the proceedings in that time
frame will make this case subject to dismissal for want of
prosecution.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted on the
~
da~rof
__________________,
1991,
by a vote of
7o
,,
Clerk
~lution Control Board
125—02