ILLINOIS POLLUTION CONTROL BOARD
March 2,
1995
REICHHOLD CHEMICALS,
INC.,
Petitioner,
)
V.
)
PCB 94—278
)
(UST Fund Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C.
Fleinal):
This matter
is before the Board pursuant to a joint motion
to stay on the basis that the parties wish to resolve this case
through settlement negotiations.
According to Reichhold
Chemicals,
Inc.
(Reichhold), who filed the motion on behalf
of
petitioner and the Illinois Environmental Protection Agency, the
parties have reached a tentative settlement.’
Additionally, the
parties request that the Board cancel
a hearing set by Board
hearing officer June Edvenson for March
14,
1995 and that the
Board also reserve ruling on a motion currently pending before
the Board to consolidate this case with a second docket, PCB 92—
165.
Reichhold has filed a statutory decision deadline waiver
until October 27,
1995; therefore, we will enter
a stay and
reserve ruling on the motion to consolidate until June 27, 1995.
Should a hearing be required in this case, there will be
sufficient time between June 27th and the decision due date in
which to schedule a hearing, transmit a record to the Board,
file
briefs and issue an opinion and order.
Cancellation or
continuance of the March 14th hearing shall be the subject of a
hearing officer order, and after the expiration of the stay, the
scheduling of any future hearings shall be at the discretion of
the hearing officer.
In the event the parties reach an agreement
prior to the expiration of the stay, or wish to lift the stay and
proceed to hearing, the parties are requested to file the
appropriate motion.
1The joint motion for stay
states
that
it
is being brought on behalf of
both Reichhold and the Agency,
and further indicates that
it was served via
hand delivery,
on John Burds, the Agency’s assistant counsel.
Assuming
service was proper and because we have not heard otherwise from the Agency,
we
will allow the motion as
a joint motion.
If however,
further extension of the
stay is required,
any joint motions must be submitted and signed by both
parties.
2
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
A~
day of
_______________,
1995,
by a vote of
~
Dorothy M./~unn,Clerk
Illinois P~llutionControl Board