ILLINOIS POLLUTION CONTROL BOARD

September 17,

1992

CABOT CORPORATION,

(Tuscola

)

Facility),

)

Petitioner-

)

v.

)

PCB 91—197

)

(Permit Appeal)

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by J. C. Marlin):

On September 15,

1992, the parties filed an agreed motion to

stay the

October

22,

1992 hearing presently scheduled in

this

matter; the hearing officer has indicated that he will not postpone

hearing absent action by the Board.

Cabot asserts that on August 31, 1992 it filed with the Agency

a revised closure plan which would replace the closure plan which

is the subject of this appeal.

If the Agency accepts the plan,

Cabot will

withdraw this

appeal.

However,

the

Agency

is

not

required to finish its completeness review until October 31,

9 days

after the hearing is scheduled to take place.

Cabot asserts that to allow hearing to proceed under these

circumstances

would

unnecessarily

burden

the

parties

and

the

resources of the Board.

The parties seek an order

“staying this

matter until the IEPA is able to act on the revised closure plan

for the vaporizer bottom treatment tank”.

Finally,

Cabot notes

that

is

has

previously

filed

an

open

waiver

of

the

decision

deadline.

The motion for stay is granted.

However, the Board does not

favor indefinite stays.

Accordingly, the stay will expire January

17,

1993, at which time the parties are directed to file a status

report.

IT IS SO ORDERED.

0136-0021

---

I, Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

Board

hereby certi

/

7~7~

day of

order was adopted on the

_____

_________________________

1992,

by a vote of

7—°.

~

~.

Dorothy M. 96~n’, Cler~

Illinois PcAjution Control Board

0136-0022