ILLINOIS POLLUTION CONTROL BOARD
June 23,
1994
CHEMICAL
WASTE
)
MANAGEMENT,
INC.,
)
Petitioner,
)
v.
)
PCB 94—162
)
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
CHEMICAL WASTE
)
MANAGEMENT,
INC.,
)
)
Petitioner,
)
v.
)
PCB 94—169
)
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
CHEMICAL WASTE
MANAGEMENT,
INC.,
Petitioner,
v.
)
PCB 94—170
)
(Permit
Appeal)
ILLINOIS
ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by G.
T. Girard):
On May 27,
1994,
Chemical Waste Management,
Inc.
(CWM)
filed
a petition for permit review regarding its Trade Waste
Incineration
facility,
located
in
Sauget,
St. Clair County.
The
Petition
sought
review
of
three
(3)
modified
air
permits
in
one
appeal.
The Illinois Pollution Control Board issued a more
information order on June 2,
1994
(PCB 94-162) requesting three
(3) separate petitions,
one petition for each air permit.
CWM
amended
its
Petition
on
June
6,
1994.
Each
petition
now
appeals
the
conditions
of
only
one
air
permit:
PCB 94-162, PCB 94—169
and PCB 94-170.
On June 10,
1994 the Board received a motion to
consolidate
the
three
cases.
That
motion
is
granted.
This
2
matter
is
accepted
for
hearing.
On
June
15,
1994
the
Board
received
a
motion
for
extension
of
time
to
file
the
Agency
record
and
a
motion
for
waiver
of
requirements in each of the three cases.
The Agency states that
the
record
is
extensive
and
asks
to
be
allowed
to
file
one
copy
of
the
record
by
September
15,
1994.
The
Board
will
grant
the
Agency
an
extension
of
time
and
will
allow
the
Agency
to
submit
a
limited
number
of
copies;
however,
the
Board
will
not
grant
until
September
15
for
the
filing
of
the
record.
The
current
decision
due
date
on
this
case
is
November
3,
1994;
therefore,
the
Board
will
require
that
the
record
be
filed
no
later
than
August
15,
1994.
The
Board
also
directs the Agency to file
3
copies
of
the
record
in
this
proceeding.
The
hearing
must
be
scheduled
and
completed
in
a
timely
manner,
consistent
with
Board
practices
and
the
applicable
statutory
decision
deadline,
or
the
decision
deadline
as
extended
by
a
waiver
(petitioner
may file a waiver of the statutory
decision
deadline
pursuant to
35
Ill.
Adm.
Code
101.105).
The
Chief
Hearing
Officer
shall
assign a hearing officer to conduct
bearings.
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 and,
in time-limited cases,
no later
than
30
days
prior
to
the
decision due date, which is the final
regularly scheduled Board meeting date on or before the statutory
or deferred decision deadline.
Absent any future waivers of the
decision
deadline,
the
statutory
decision
deadline
is
now
October
4,
1994
(120
days
from
June
6,
1994);
the
Board
meeting
immediately
preceding
the
due
date
is
scheduled
for
September 15,
1994.
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.
3
IT
IS
SO
ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
cert
that
the
above
order
was
adopted
on
the
______
day
of
_______________,
1994,
by
a
vote
of
~
~‘Dorothy
M.
GU1~
Clerk
Illinois
Polli4~ion
Control
Board