ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    IN THE MATTER OF:
    PETITION OF CHEMETCO, INC., FOR AN
    ADJUSTED STANDARD UNDER 35 ILL.
    ADMIN. CODE 720.131 (a) & (c)
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    AS 97-2
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by E. Dunham):
    On August 9, 1996 Chemetco, Inc. filed a petition for adjusted standard under 35 Ill.
    Adm. Code 720.131 (a) and (c). Along with the petition Chemetco filed a motion to
    incorporate the record from AS 96-11.
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    Chemetco asserts that the petition in AS 96-11 is
    identical to the petition in this matter. Chemetco believes that it will expedite the resolution of
    this matter if the Board considers the documents already filed in AS 96-11. Chemetco believes
    that the parties will file the same responses to the new petition as filed in AS 96-11.
    On August 15, 1996, the Illinois Environmental Protection Agency (Agency) filed an
    objection to the motion to incorporate. The Agency asserts that it intends to file a response to
    the new petition and that incorporation of AS 96-11 may result in confusion. The Agency also
    objected to Chemetco’s waiver of hearing in its petition. The Agency asserts that the Board is
    required to hold a hearing for a RCRA adjusted standard and that the petitioner cannot waive
    the required hearing.
    Chemetco filed a response to the Agency’s objection to the motion to incorporate on
    August 19, 1996. Chemetco states that the statement waiving the hearing was included
    pursuant to the requirements of 35 Ill. Adm. Code 106.705(j) and is not applicable to the
    hearing required by 35 Ill. Adm. Code 106.415. On August 23, 1996 Chemetco filed a
    request for leave to file additional support for the motion to incorporate. The Board hereby
    grants the motion for leave and accepts the additional information. Chemetco states that it has
    no objection to the Agency filing a response to the petition. Chemetco further declares that it
    is not seeking to waive the hearing required by 35 Ill. Adm. Code 106.415 for a RCRA
    adjusted standard but that the statement on waiver of hearing was required as part of the
    petition.
    On August 23, 1996 the Agency filed a motion for leave to file a reply to Chemetco’s
    response along with the reply. The moving party shall not have the right to reply, except as
    permitted by the Board or hearing officer. (35 Ill. Adm. Code 101.241(c).) The Board grants
    the motion for leave to reply and accepts the reply from the Agency.
    The Board denies the motion to incorporate the record from AS 96-11. The record in
    AS 96-11 contains the adjusted standard petition (which is identical to the petition filed in this
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    AS 96-11 was dismissed by Board order on August 1, 1996 because Chemetco failed to timely
    file a certificate of publication as required by 35 Ill. Adm. Code 106.712.
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    docket (AS 97-2)) and the Agency’s response to the petition. As the Agency intends to file a
    new response, incorporating the record from AS 96-11 is pointless. Incorporating the record
    from AS 96-11 would only result in confusion and the Agency’s previous recommendation is
    irrelevant since it would be superseded by the new recommendation from the Agency.
    In accordance with Section 106.415, the Board is required to hold a hearing on the
    petition prior to ruling on the adjusted standard. Chemetco cannot waive hearing in this
    matter. Therefore, the Board disregards Chemetco’s waiver of hearing and will hold a hearing
    on the petition.
    Pursuant to 35 Ill. Adm. Code 106.711, petitioner is required to publish notice of the
    filing of the petition in a newspaper of general circulation in the area likely to be affected. A
    certificate of publication shall be filed with the Board within 30 days of the filing of the
    petition. (35 Ill. Adm. Code 106.712.) Petitioner filed a certificate of publication with the
    Board on September 5, 1996, demonstrating that notice of the filing of the petition was
    published on August 20, 1996 in the
    Alton Telegraph
    .
    The Board accepts the petition for hearing. This is a type of case for which the Act
    prescribes no deadline for decision, although the Act requires the petitioner to timely pursue
    disposition of the petition. Therefore, hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and 35 Ill. Adm. Code Part 101 and Part 106, subpart
    G. 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 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.
    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. The hearing officer and the
    parties are encouraged to expedite this proceeding as much as possible.
    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 _______________, 1996, by a vote of
    ______________.
    ___________________________________
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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