ILLINOIS POLLUTION CONTROL BOARD
    February 3,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    PETITION OF R. LAVIN
    &
    SONS,
    INC.,
    )
    FOR ADJUSTED
    STANDARD
    FROM 35
    )
    ILL. ADM. CODE 302.102,
    302.208,
    )
    AS 90—5
    302.210
    AND SUBPART
    F, PROCEDURES
    )
    (Adjusted Standard)
    FOR DETERMINING WATER QUALITY
    )
    CRITERIA
    )
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    On March 5,
    1990 R. Lavin
    & Sons,
    Inc.
    (Lavin)
    filed this
    petition for adjusted standard from certain of the Board’s water
    pollution regulations.
    On January 25,
    1994 the parties submitted status reports
    pursuant to Board order.
    The Illinois Environmental Protection
    Agency (Agency) discusses the history of this proceeding, submits
    recent discharge monitoring reports received from R. Lavin &
    Sons,
    Inc.
    (Lavin), and states that nothing has changed since the
    last status report.
    In a previous report, the parties noted that
    they had extended the period for negotiations under the dispute
    resolution clause in a consent decree entered into by these
    parties in a related enforcement action, Peo~1ev. R. Lavin &
    Sons
    (1990),
    No.
    90-CH-668.
    Lavin states that it is continuing
    to await the final decision of the the North Shore Sanitary
    District
    (NSSD) and the City of North Chicago (North Chicago)
    regarding Lavin’s request to reroute some of Lavin’s stormwater
    discharges.
    Lavin requests that the Board set the matter for
    another status report by the end of April 1994.
    The Board notes that this matter is nearly four years old.
    The petitioner stated over one year ago that a decision from
    North Chicago and the NSSD was expected shortly.
    No decision has
    been reported.
    It is necessary for the parties to bring this
    four—year-old matter to resolution sometime in the near future
    either through pursuit of hearing and decision on the merits or
    by settlement.
    The Board directs the parties to file a status report with
    the Board and hearing officer on or before March
    11,
    1994
    detailing a projected timeline for completion or settlement.
    IT IS SO ORDERED.
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ________
    day of
    ~
    ~
    ,
    1994, by a vote of
    7—()
    .
    -,
    2~.
    ~‘Dorothy N. p,~inn, Clerk
    Illinois P~ylutionControl Board

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