ILLINOIS POLLUTION CONTROL BOARD

January 6,

1994

OLIN

CORPORATION,

)

)

Petitioner,

)

v.

)

PCB 91—207

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by C.A. Manning):

On November 4, 1991, Olin Corporation (“Olin”) and the United

States Department of Interior, Fish and Wildlife Service

(“DOl”)

filed a petition for hearing to review certain terms and conditions

contained

in modifications

made

by

the

Illinois

Environmental

Protection

Agency

(“Agency”)

of

a RCRA

Part B

Permit

for

the

storage of hazardous waste in containers in

six

magazines located

in the southern portion

of “Ordill Area 13” of the Crab Orchard

National Wildlife Refuge, owned

by DOI. The hazardous waste storage

facility

is currently operating under

interim

status

authority

pursuant to 35 Ill. Adm. Code Section 703.150 and 40 C.F.R. Section

270.5(e)

On

December

29,

1993,

Olin,

DOI

and

the

Agency

jointly

submitted a status report pursuant to Board order of September 23,

1993.

The status report states the parties continue to negotiate

the terms and conditions of the Part B Permit related to facility

access, which

is the underlying basis

of the instant appeal. The

status report

indicates

that

on September

1,

1993,

a

settlement

proposal was submitted to the Agency.

(As an aside, a joint status

report filed on September 20,

1993,

indicates that the settlement

proposal

was

filed

on

September

7,

1993.

See,

Olin

v.

IEPA, (September

23,

1993)

PCB

91-207.)

The parties

report the

Agency

has completed

its

review,

they have been discussing the

proposal, and a conference call regarding this matter was scheduled

for January 4,

1994.

As was

stated

in

the

September 20th

status

report,

the

parties anticipate the issues which are the subject of this appeal,

will

be

successfully

resolved

without

hearing,

and

they

have,

accordingly, not commenced discovery in this matter.

Finally, the

parties state that when an agreement is reached on the terms and

conditions which are the subject

of the appeal,

the Agency will

issue a new draft Part B Permit or a modified Part B Permit for the

facility, which should lead to dismissal of the instant appeal.

The Board accepts the status report filed by Olin, DOl and the

Agency.

As the parties may be aware, on August 13,

1993, Olin and

---

2

DOI filed a six-month waiver of the statutory decision deadline in

this case from December 1993 to June 1,

1994.

Though the parties

have stated that a hearing may not be required and that discovery

has not yet been commenced, should a hearing become necessary, the

Board, and the assigned hearing officer, require 120 days in which

to schedule the hearing, give public notice, establish a briefing

schedule, receive and review the transcript and fully deliberate on

the matter.

Given such time restraints and the parties’ stated

intent, the Board must receive

a further waiver of the statutory

decision deadline prior to the January 20,

1994 Board Meeting, or

we will be required to direct the assigned hearing officer to set

a hearing schedule.

If such a waiver is timely filed,

we will re-

establish

a

status

report

schedule

at

the January

20th

Board

Meeting.

IT IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

B ard, hereby certify th~tthe above order was adopted on the

~

day of ____________________________,

1994, by a vote of

~

~—~borothy N. ,~n, Clerk

Illinois Pdl)ution Control Board