ILLINOIS POLLUTION CONTROL BOARD
    February 16, 1995
    IN THE MATTER OF:
    )
    )
    PETITION OF HEPWORTH U.S.
    )
    AS 94-19
    HOLDINGS,
    INC. FOR AN
    )
    (Adjusted Standard
    -
    Land)
    ADJUSTED STANDARD FROM
    )
    35 ILL. ADM. CODE 620.410
    )
    ORDER OF THE BOARD
    (by M. McFawn):
    On December 12,
    1994, Hepworth U.S. Holdings,
    Inc.
    (Hepworth)
    filed a petition for an adjusted standard from the
    Board’s groundwater quality standards at 35 Ill. Adm. Code
    620.410.
    In connection with its petition, Hepworth waived its
    right to hearing.
    On January 24,
    1995, Hepworth filed a
    certificate of publication demonstrating that notice of the
    petition had been published in the NewsTribune, City of LaSalle,
    on January 9,
    1995.
    Subsequently,
    the Board received two
    requests for hearing:
    a January 24,
    1995
    request for hearing
    from Dale L. Stockley on behalf of the Town of Diminick; and a
    January
    25,
    1995 request for hearing from Gary L.
    Gearhart.
    The Board finds that the petition meets the minimum
    requirements for an adjusted standard petition set forth
    in 35
    Ill. Adm. Code 106.705.
    Accordingly, since the Board has
    received requests for hearing, this matter shall proceed to
    hearing.
    This is a type of case for which the Act prescribes no
    deadline for decision, although as noted 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.
    A hearing officer will be
    assigned to conduct hearings.
    The Clerk of the Board shall
    promptly issue appropriate directions to the assigned hearing
    officer consistent with this order.
    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
    2
    date in conformance with the schedule above.
    The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    On February 9,
    1995, the Illinois Environmental Protection
    Agency
    (Agency)
    filed its response to the petition.
    The Board
    finds that the Agency response is insufficient to meet the
    requirements of Section 106.714 of the Board’s procedural rules.
    Section 106.714 provides,
    in relevant part:
    The response shall recommend either a grant or denial
    of the proposed adjusted standard, and it shall set
    forth rationale which supports the Agency’s conclusion.
    In its response, the Agency has merely repeated the
    information contained in the petition.
    The Agency has provided
    no recommendation,
    either for grant or denial of the proposed
    adjusted standard, but instead states that the “Agency takes no
    position as to the Petitioner’s Petition for Adjusted Standard.”
    The Board finds this response does not satisfy Section 106.714,
    and directs the Agency to re—file its response in conformance
    with the requirements of 35
    Ill. Adm. Code 106.714 within 30 days
    of this order.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certi
    that the above order was adopted on the
    ~
    day of
    _________________,
    1995,
    by a vote of
    -7—a
    Control Board

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