ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

SAFETY-KLEEN

CORP.

(Elgin Service Center),

Petitioner,

v.

)

PCB 94—166

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER

OF

THE BOARD

(by G. T. Girard):

On June 1, 1994, Safety—Kleen Corp. filed a petition for

permit review regarding its E.gin Service Center facility,

located in Elgin, Cook County. The Petitioner’s appeal certain

Supplemental Permit conditions regarding the processing of anti

freeze and coolants. The June 1, 1994 petition lacked a copy of

the subject Permit. On June 2, 1994, Safety—Kleen filed an

amended petition curing the defect by including a copy of the

Permit. The June 1, 1994 filing date will be used by the Board

for purposes of determining the timeliness of filing. The

June 2, 1994 filing date would be used to calculate the decision

deadline, but for Safety—Kleen’s filing of an open waiver on

June 7, 1994. This matter is accepted for hearing.

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.

Adin.

Code 101.105).

Safety-Kleen has waived the statutory decision deadline. The

Chief Hearing Officer shall assign a hearing officer to conduct

hearings. 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. Safety—Kleen has filed an open

waiver of the statutory decision deadline.

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2

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. The Board notes that Board

rules

(35 Ill. Mm.

Code 105.1o2~ require the Aaencv to lile the entire Aciencv record

of the permit aDDlication within 14 days of notice of the

petition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby rtify that the above order was adopted on tha~~

day of

____________________

,

1994, by a vote of

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~

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Dorothy M. Gu1~/, Clerk

Illinois Poll~ion Control Board