ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    September
    7,
    1995
    SHEREX CHEMICAL Ca.,
    INC.,
    Petitioner,
    v.
    )
    FCB 91—202
    (Permit Appeal
    -
    RCRA)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    E. Dunham):
    On August
    25,
    1995, Shere~Chemical
    Co.
    (Sherex) filed
    a
    status report pursuant to
    a
    Board order.
    Sherex also filed
    a
    waiver of the decision deadline through and including December
    21,
    1995.
    The Illinois Environmental Protection Agency
    (Agency)
    has not filed
    a status report in this matter as directed by the
    Board’s order.
    The Board observes that this
    is the fifth status
    report filed by Sherex in response to a Board order directing the
    parties to file status reports and that the Agency has not filed
    a status report in response to any of those orders.
    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 of 1995 but has
    not
    received a reply from the Agency.
    Sherex will be submitting
    additional information to the Agency on September
    15,
    1995.
    Sherex indicates that
    it will withdraw its appeal upon successful
    withdrawal of the RCRA Part B application.
    The Board is concerned with the failure of the parties to
    finalize this matter especially since its appears that a
    resolution has been reached by the parties.
    The Board is also
    concerned with the Agency’s failure to file status reports in
    this matter,
    especially considering the Agency’s lack of response
    to the submittal of information from Sherex.
    Other than the
    filing of
    a withdrawal of appearance and substitution of
    appearance the Agency has not filed anything in this matter with
    the Board since 1992.
    Absent an additional waiver, the Board must decide this
    matter based on the record
    at
    its December
    21,
    1995
    meeting.
    The
    Board orders the parties to file status reports or a joint status
    report with the Board on or before November 20,
    1995.
    IT IS SO ORDERED
    2
    ~L,
    ~
    Dorothy M. Gu)~, Cleric
    Illinois Po4jition
    Control Board
    I, Dorothy M.
    Gunn, Clerk of the Illinois
    Board
    hereby certif~that the above order was
    7t~
    day of
    4-~--z~.-e~.-tA1
    ,
    1995,
    by
    Pollution Control
    adopted on the
    a vote of
    7—0

    Back to top