ILLINOIS POLLUTION CONTROL BOARD
    October 6,
    1994
    CWN
    CHEMICAL SERVICES,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 89—177
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY and
    )
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Respondents.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On September 28,
    1994, petitioner
    CWM
    Chemical Services,
    Inc.
    (CWIM)
    filed a status report in this proceeding.
    The status
    report is in response to the Board’s July 21,
    1994 order staying
    this permit appeal.
    As part of that stay,
    the Board ordered
    CWN
    to file a status report every 90 days.
    The status report recounts the progress being made by CWN.
    CWM
    is continuing the negotiations with Clean Harbors of Chicago
    (CHCI)
    for an agreement to transfer some assets at the facility
    to the other company, and entered into a letter of intent with
    CHCI.
    On July 29,
    1994,
    CHCI submitted a request for a Class
    3
    RCRA permit modification to the IEPA in order to incorporate
    certain assets of the
    CWM
    facility into CHCI’s existing RCRA
    operating permit.
    CHCI mailed a Notice of Request for Permit
    Modification to interested persons and published newspaper
    notices on August 2,
    1994.
    On August
    4,
    1994,
    CHCI filed a
    request for Temporary Authorization with the IEPA to construct
    certain improvements at the
    CWM
    facility while the Class
    3 Permit
    Modification is pending.
    IEPA approved CHCI request for its
    proposed pre—construction soil boring program on August 16,
    1994.
    CHCI intends to use the facility for waste storage and handling
    only,
    and does not intend to restart the incinerator.
    CWN
    request that this appeal and the April 20,
    1992 stipulation
    remain pending until the transaction with CHCI is closed.
    If the
    transaction takes place,
    CWM
    will dismiss the appeal.
    Because it appears that this case is close to resolution,
    the Board accepts the status report.
    The Board reminds
    CWM
    that
    it has a continuing obligation to submit status reports every 90
    days.
    IT IS SO ORDERED.

    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~rd,hereby cer~4fy.that the above order was adopt~don the
    ~
    day of
    ~
    ,
    1994, by a vote of
    ~,-(
    /
    /,/
    Dorothy N.,~’ç~unn,Clerk
    Illinois Pdllution Control Board
    V

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