ILLINOIS POLLUTION CONTROL
    BOARD
    January 6,
    1994
    OLIN CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—87
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER
    OF THE
    BOARD
    (by C.A. Manning):
    On May
    23,
    1991,
    Olin Corporation
    (“Olin”)
    filed a petition
    for hearing to review certain conditions contained in modifications
    made by the Illinois Environmental Protection Agency (“Agency”) of
    Olin’s closure plans for several different hazardous waste units at
    the East Alton, Illinois facility.
    On December 28,
    1993, Olin and
    the Agency filed a joint status report pursuant to Board order of
    September 23,
    1993.
    The parties report they continue to pursue
    settlement and as was stated in their previous joint status report
    filed
    September
    20,
    1993,
    they
    have
    agreed
    in
    principle
    to
    coordinate the closure of several of the units
    involved
    in this
    appeal with the RCRA Facility Investigation planned as part of the
    facility’s Part B hazardous waste permit.
    The parties
    re—state
    from
    the
    prior
    status
    report,
    that
    pursuant
    to
    settlement
    discussions, on September 7,
    1993, Olin submitted to the Agency, a
    modified closure/post—closure plan for three of the units which are
    the subject of this appeal.
    Olin again states that certificates of
    clean closure
    for the
    other units which are the subject of this
    appeal were previously submitted to the Agency.
    Since September 20, 1993, the Agency has reviewed the modified
    closure/post-closure plan and the closure certifications and
    is
    currently discussing the details of
    these
    plans with Olin.
    On
    October 6,
    1993, the Agency determined that the closure of seven of
    the hazardous waste units which are the subject of the appeal have
    met the requirements
    of
    the Agency’s
    interim
    status
    standards.
    Olin
    and
    the
    Agency
    are
    discussing
    the
    status
    of
    the
    three
    remaining units
    for which Olin submitted
    certificates
    of clean
    closure, but the Agency has not yet determined whether the closure
    meets the interim status standards.
    The parties
    intend to
    continue their
    discussions
    and are
    hopeful they will lead to certification of closure for most of the
    closing units and agreement on closure/post—closure plan conditions
    for the remaining units.
    Olin states that if agreement is reached,
    it will move for dismissal of the appeal. The parties also state
    they expect, most,
    if not all issues in the appeal may be resolved
    without a hearing, and they have therefore not commenced discovery.
    2
    The Board
    accepts the
    status report
    filed
    by Olin and the
    Agency.
    As the parties may be aware,
    on January
    8,
    1993,
    Olin
    filed
    a one-year waiver of the statutory decision deadline in this
    case from May
    1,
    1993 to May
    1,
    1994.
    Though the parties have
    stated a hearing may not be required and discovery has not yet been
    commenced,
    should a hearing become necessary,
    the Board,
    and the
    assigned hearing officer, require 120 days in which to schedule the
    hearing, give public notice, establish a briefing schedule, receive
    and review
    the transcript
    and
    fully
    deliberate
    on the
    matter.
    Given such time restraints and the parties’
    stated
    intent,
    the
    Board must
    receive
    a
    further waiver
    of the
    statutory decisior
    deadline prior to the January 20, 1994 Board Meeting, or we will be
    required to direct the assigned hearing officer to set a hearing
    schedule.
    If such a waiver is timely filed, we will re—establish a
    status report schedule at the January 20th Board Meeting.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    ~p~rd, hereby certif
    hat the above order was adopted on the
    ~
    day of _______________________,
    1994,
    by a vote of
    7-o.
    7
    (7
    ~
    2~.
    DorothyM. Gu~h,Clerk
    Illinois Pol~ttitionControl Board

    Back to top