ILLINOIS POLLUTION CONTROL BOARD

December 17,

1992

QUANTUM

CHEMI CAL

CORPORATION,

)

Petitioner,

v.

PCB

92—47

)

(Permit

Appeal)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by R.C.

Flemal):

On March 25,

1992, Quantum Chemical Corporation (Quantum)

filed

a

petition for hearing to

review

the

denial by the

Illinois

Environmental Protection Agency of its application to modify its

solid waste management site permit.

On

December

14,

1992,

Quantum filed a waiver of decision deadline, until July 31, 1993,

and a waiver of the filing of the Illinois Environmental

Protection Agency’s

(Agency) record, until

30 days prior to

the

decision due date’.

However, Quantum has no authority to

waive

the deadline for the filing of the

Agency record.

That deadline

(14 days after the notice of a petition for. review) is contained

in a Board procedural rule, and can only be extended

by

the Board

itself.

(35

Iii.

Adm. Code 105.102.)

If an extension of

the

deadline to file

the, record is needed, the Agency must make much

areqüest.

Of course, Quantum can waive any

objection

to

an

Agency request for extension of the

.14—day deadline.

In

summary,

the

Board

finds

that

thi

waiver

of

the

decision

deadline

is

acceptable,

but

that

the waiver of the filing of

the

Agency record is not acceptable.

The Board further

orders that

the parties file a status report indicating progress made toward

resolution

and

the

expected

date

of

resolution

of

this

matter

to

be

received

by

the

Board

on

or

before

April

1,

1993.

IT

IS

SO

ORDERED.

The Board notes that Quantum has filed two previous

waivers of the decision deadline and Agency record filing date.

OI38~.bO67

---

2

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

Board

hereby cer

fy that the above order was adopted on the

/7~

day of

__________________,

1992, by a vote of

7_i)

~

)?L.

0138-006R