ILLINOIS
    POLLUTION
    CONTROL BOARD
    December
    7,
    1995
    SHEREX CHEMICAL
    CO..,
    INC.,
    Petitioner,
    V.
    PCB 91—202
    (Permit Appeal
    —
    RCRA)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    E.
    Dunham):
    On November
    20,
    1995, Sherex Chemical
    Co.
    (Sherex)
    filed a
    status report pursuant to a Board order.
    Sherex also filed a
    waiver of the decision deadline through and including April
    21,
    1996.
    The Illinois Environmental Protection Agency
    (Agency)
    has
    not filed
    a status
    report in this matter
    as
    directed by the
    Board’s order.
    This permit appeal was filed on October 24,
    1991.
    In
    a June
    16,
    1994 letter to the Agency, Sherex withdrew the RCRA Part B
    application.
    Sherex indicates that the Agency has requested
    additional information
    to support the withdrawal.
    Sherex
    provided documentation to the Agency in April and September of
    1995 but has not received
    a reply from the Agency.
    Sherex
    indicates that it will withdraw its appeal upon successful
    withdrawal
    of the RCRA Part B application.
    Absent an additional waiver,
    the Board must decide this
    matter based on the record at its April
    18, 1996 meeting.
    The
    Board orders the parties to file status reports or
    a joint status
    report with the Board on or before March
    25,
    1996.
    The Board notes that the Agency has not filed any status
    report in this matter since the substitution of appearance in
    1992.
    Continued failure of the Agency to apprise the Board of
    their status in this matter, whether individually or by joint
    status report, will subject the Agency to sanctions.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Boar4, hereby certifj that the above order was adopted on the
    7~
    day of
    ~
    ,
    1995,
    by
    a vote of
    ______
    Dorothy ~
    Gunn,
    Clerk
    Illinois(JPollution Control Board

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