ILLINOIS POLLUTION CONTROL BOARD
    November 3,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF LONE STAR
    )
    AS 94-15
    INDUSTRIES,
    INC. FOR
    )
    (Adjusted Standard)
    ADJUSTED
    STANDARD
    FROM
    )
    35 ILL.
    ADM. CODE 811.320(d)
    )
    (Establishment of Groundwater
    )
    Background Concentrations)
    )
    ORDER OF THE BOARD
    (by
    3.
    Theodore Meyer):
    This matter
    is before the Board on several filings.
    On
    October 4,
    1994, Lone Star Industries,
    Inc. filed a petition for
    adjusted standard regarding its Oglesby, Illinois facility,
    located in LaSalle County,
    Illinois.
    Lone Star also filed a
    motion for leave to be relieved of the requirements of 35 Ill.
    Adin.
    Code 101.106, regarding incorporation of prior proceedings.
    Lone Star asks to be relieved of the requirement that it file
    multiple copies of the record in its previous variance
    proceeding, docketed as PCB 92-134.
    That motion is granted in
    part.
    Lone Star shall file, no later than December 2,
    1994,
    one
    copy of all material which it wishes to incorporate.
    Finally,
    on
    October 28,
    1994, the Illinois Environmental Protection Agency
    (Agency) filed a motion for extension of time to file its
    response to the petition for adjusted standard.
    That motion for
    extension is granted, and the Agency’s response is now due on
    December 2,
    1994.
    Section 28.1 of the Act authorizes the Board to dismiss the
    adjusted standard petition at any time if it determines that the
    petition is duplicative or frivolous,
    or that the petitioner
    is
    not pursuing disposition of the petition in a timely manner.
    In
    addition,
    Board regulations at 35 Ill.
    Adm. Code 106.902
    (a)
    authorize dismissal if the petition is deficient with respect to
    the requirements of 35 Ill. Adm. Code Sections 106.705,
    106.706,
    106.710 and 106.712.
    Section 28.1 also requires the Board to conduct a public
    hearing if the Board,
    in its discretion, determines a hearing
    would be advisable or if the Board receives a request for hearing
    from any person within 21 days of publication of public notice of
    the filing of the petition.
    An action before the Board is duplicative if the matter is
    identical or substantially similar to one brought in another
    forum (Brandle v. Ropp, PCB 85-68,
    64 PCB 263
    (1985)).
    An action
    before the Board is frivolous if it fails to state a cause of
    action upon which relief can be granted by the Board (Citizens
    2
    for a Better Environment v. Reynolds Metals Co., PCB 73-173,
    8
    PCB 46
    (1973)).
    A petition is deficient with respect to 35 Ill.
    Adni. Code 106.705,
    106.706, 106.710 and 106.712
    if it omits any
    required information or lacks any required supporting affidavits
    or proofs as specified in those sections.
    There
    is no evidence before the Board to indicate this
    matter
    is identical or substantially similar to any matter
    brought in another forum,
    nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    therefore,
    the Board finds that the complaint is neither
    duplicative nor frivolous.
    Since this action has just been
    filed,
    there is also no evidence before the Board that petitioner
    is not pursuing timely disposition of the petition.
    Additionally, at this time there
    is no evidence before the Board
    that the petition is deficient with respect to 35 Ill. Adm. Code
    Sections 106.705, 106.706,
    106.710 and 106.712.
    Finally, on October 24,
    1994, the Board received a request
    for public hearing from Robert 3. Ribolzi, president of Area
    Citizens Regarding Environmental Safety
    (AC.R.E.S.).
    Accordingly,
    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.
    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 in conformance with the schedule above.
    The hearing
    officer and the parties are encouraged to expedite this
    proceeding as much as possible.
    IT IS SO ORDERED.
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois
    Pollution
    ControL Board, he~py
    certify that the above order was afiopted on
    the~-e~day of
    f/~2~-i~&J
    ,
    1994,
    by a vote of
    Dorothy M.
    Illinois
    Clerk
    ution Control Board

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