ILLINOIS POLLUTION CONTROL BOARD
    May
    11,
    1995
    SHEREX CHEMICAL CO.,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 91—202
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    On May 5,
    1995, the Illinois Environmental Protection Agency
    (Agency) filed a status report as ordered by the Board.
    The
    Agency reports that Sherex Chemical Company (Sherex) has
    withdrawn its permit application that resulted in the RCRA Part B
    permit that is the subject of this appeal.
    The Agency approved
    the withdrawal of the application on October 20,
    1994.
    The
    Agency contends that the withdrawal of the application has
    rendered this appeal moot and therefore this docket should be
    closed.
    The Agency also indicates that petitioner has informed
    the Agency that it intends to hold this docket open to provide a
    forum to address any future final Agency determination or other
    collateral issue concerning the closure plan.
    Sherex filed its status report with the Board on May 5,
    1995.
    Sherex reports that the Agency has requested documentation
    to support the withdrawal of the Part B application permit.
    Sherex anticipates that the documents will be filed with the
    Agency by July 31,
    1995.
    Sherex maintains that upon the
    successful withdrawal of its RCRA Part B application,
    it will
    withdraw this appeal.
    Sherex objects to the position of the
    Agency that this matter should be dismissed as moot.
    Sherex
    contends that multiple appeals on the central issue would not
    promote economy of resources and would not adequately protect
    Sherex from future Agency decisions relating to the permit
    withdrawal submission.
    In its status report Sherex included a waiver of the
    decision deadline for an additional 120 days through and
    including September 30,
    1995.
    Section 101.105 of the Board’s
    procedural rules require that waivers be filed as a separate
    document but allows the Board to accept waivers in other forms
    where necessary to prevent undue delay or material prejudice.
    (35
    Ill. Adm. Code 101.105.)
    The Board will accept the waiver as
    filed by Sherex but requests that any additional waiver be filed
    as a separate document.
    As Sherex has provided a waiver of the decision deadline and
    indicates that approval of the withdrawal of the Part B
    2
    application is still pending, the Board will not close this
    docket.
    Absent an additional waiver, the Board must decide this
    matter based on the record at its September 21,
    1995 meeting.
    The Board orders the parties to file status reports with the
    Board on or before August
    25,
    1995.
    IT IS SO ORDERED.
    M. McFawn abstained.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /1t2~
    day of
    ,
    1995,
    by a vote of
    Dorothy M. ,~nn,Clerk
    Illinois
    P16
    lution Control Board

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