ILLINOIS POLLUTION CONTROL BOARD
December 16,
1993
SPRAYING SYSTEMS CO.,
)
Petitioner,
)
v.
)
PCB 90—215
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by E. Dunham):
On December 10,
1993,
Spraying Systems Company
(SSC)
and the
Illinois Environmental Protection Agency (Agency)
filed a Joint
Status Report pursuant to the Board’s order of September 7,
1993.
The report states that this matter involves an appeal by SSC of
certain conditions contained in Agency’s Closure Plan approval
with respect to two drum storage areas and an underground waste
oil storage tank at SSC’s Wheaton,
Illinois facility.
On August
3,
1992,
SSC submitted to the Agency a proposed RCRA Closure Work
Plan for additional subsurface investigation at the site.
The
Agency reviewed the work plan,
and provided its comments to SSC
on April
1,
1993.
On April 22,
1993,
SSC met with the Agency in Springfield to
discuss the proposed work plan.
As a result of these
discussions, the work plan was ultimately approved by the Agency
in Nay,
1993.
The report states that through its consultant,
Geraghty
& Miller,
SSC has completed the activities described in
the work plan.
After completing the required analysis,
SSC has
submitted a plan to the Agency.
The parties state that they remain desirous of settling this
appeal.
SSC awaits a proposal from the Agency regarding a means
for resolving this matter.
Under these circumstances, the
parties continue to be optimistic about the prospects for
settlement of most,
if not all,
of the issues pending in this
appeal.
The Board notes that SSC has granted a waiver of the
decision deadline to and including July 30,
1994.
If this case
is not dismissed or otherwise resolved by April
1,
1994,
and
a
hearing is required, an additional waiver of the statutory
decision deadline should be filed.
The Board requires 120 days
in which to schedule hearing, give public notice, establish
a
briefing schedule, receive and review the transcript and fully
deliberate on the matter.
Under such time constraints, the Board
will be required to set this matter for hearing sometime in April
if
an additional waiver of the decision deadline is not filed.
2
The parties are directed to file a revised status report on or
before March 21,
1994.
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above order was adopted on the
~
day of
___________________,
1993, by a vote of
-0
.
Dorothy M~tunn, Clerk
Illinois ~ôllution Control Board