ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    HORSEHEAD RESOURCE
    )
    DEVELOPMENT COMPANY, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-101
    )
    (Permit Appeal-RCRA)
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    On November 9, 1995, Horsehead Resource Development Company,
    Inc.(Horsehead) filed a notice of extension of the 35-day appeal
    period pursuant to Section 40 of the Act, relating to a October
    6, 1995, Illinois Environmental Protection Agency (Agency) final
    permit application determination. The Agency on November 14,
    1995 filed its agreement to the extension. The Agency requested
    the extension "to January 4, 1996, or any other date not more
    than a total of 90 days from the date of the Agency's final
    determination".
    P.A. 88-690 (SB1724) effective January 24, 1995, amends
    Section 40(a)(1), which governs the permit appeal process, to
    provide:
    the 35-day period for petitioning for a hearing may be
    extended for a period of time not to exceed 90 days by
    written notice provided to the Board from the applicant
    and the Agency within the initial appeal period.
    The extension is granted for the purpose of resolving any
    potential issue regarding the timeliness of the permit appeal
    being filed.
     
    Notwithstanding its extension request, on November 13, 1995,
    Horsehead filed a petition for review of permit regarding its
    facility, located in Chicago, Cook County, Illinois. This permit
    appeal in essence supersedes the extension. Therefore, this
    matter is accepted for hearing.
    Along with its petition Horsehead filed a motion for stay of
    the permit modification for which it is seeking review. The
    Board will reserve ruling on this motion, as the time in which
    the Agency may reply has not elapsed.
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and the applicable
    statutory decision deadline, or the decision deadline as extended
    by a waiver (petitioner may file a waiver of the statutory
    decision deadline pursuant to 35 Ill. Adm. Code 101.105). The
    Board will assign a hearing officer to conduct hearings
    consistent with this order, and the Clerk of the Board shall
    promptly issue appropriate directions to that assigned hearing
    officer.
    The assigned hearing officer shall inform the Clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published. After hearing, the hearing officer shall submit an
    exhibit list, a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible and, in time-limited cases, no later
    than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory
    or deferred decision deadline. Absent any future waivers of the
    decision deadline, the statutory decision deadline is now March
    12, 1996 (120 days from November 13, 1995); the Board meeting
    immediately preceding the due date is scheduled for March 7,
    1996.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above. The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible. The Board notes that Board rules (35 Ill. Adm.
    Code 105.102) require the Agency to file the entire Agency record
    of the permit application within 14 days of notice of the
    petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    day of , 1995, by a vote of
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution
    Control Board

    Back to top