ILLINOIS POLLUTION CONTROL BOARD
March 25,
1993
CENTRAL
CAN
COMPANY,
)
Petitioner,
V.
)
PCB 92—176
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on the Illinois
Environmental Protection Agency’s
(Agency) March 16,
1993 motion
to extend time to file its record.
The Agency states that the
record is currently due on March 22,
1993, that petitioner
Central Can is currently negotiating with USEPA about definitions
which are crucial to this case, that Central Can met with USEPA
in December 1992,
and that the case was referred to USEPA
national headquarters.
The Agency states that because this case
may settle and never proceed to hearing,
requiring the filing of
a record would be time consuming and a waste of Agency resources.
The Agency notes that Central Can has filed a 90-day waiver of
the decision deadline, and asks that the date for filing the
record be extended to June 22,
1993.
The Board notes that Central Can has submitted a waiver of
the decision deadline, to September 22,
1993.
In that waiver,
Central Can refers to discussions with USEPA and the Agency, and
states that, although USEPA stated on December 28,
1992 that it
needed an additional 30 days to review the matter, USEPA has not
yet responded to Central Can.
Central Can states that the
discussions are aimed at resolving the matter without prolonged
litigation,
and that the parties have agreed to await the outcome
of the discussions between Central Can and USEPA.
This is the fourth motion to extend time filed by the
Agency.
When granting the previous motion for extension,
on
February 25,
1993,
the Board stated that it would be the final
extension.
However,
in the interests of administrative economy,
and because the delay in proceeding
is not the fault of either
party, the Board will grant the requested extension.
The Board
cautions both parties, however, that we will not await the
outcome of USEPA’s review indefinitely.
The Agency’s motion for
extension of time is granted, and the record is due on June 22,
1993.
IT IS SO ORDERED.
OI~O-O2I
I
2
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~
day of
______________,
1993,
by a vote of
~
ø~t~O-O2l2
Ill
Control Board