ILLINOIS POLLUTION CONTROL BOARD
April 22,
1993
SHELL OIL COMPANY,
)
Petitioner,
PCB 90—27
v.
)
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by G.
T.
Girard):
On April
14,
1993,
the Board received a
status report from
petitioner in response to a January 21, 1993 order.
The Agency has
not
filed
a
status
report.
The
report
indicates
that
the
petitioner has taken steps to proceed to a possible resolution of
this matter.
The report also indicates that the Agency has not responded to
the amended petition as directed by the Board’s January
21,
1993
order;
nor has the Agency asked for additional time.
Further the
Agency has not
formally responded
to
a
study
submitted by the
petitioner on May 17,
1991, or issued a draft permit.
The Board accepts the petitioner’s status report.
The Board
is disturbed by the Agency failure to respond to Board orders. On
January 21,
1993, the Board directed the parties to file a status
report to be received by the Board no later than April
15,
1993.
Further,
the Board directed the Agency to file
a response to the
amended petition to be received by the Board no later than February
4,
1993.
Also on December
17,
1992,
the Board had directed the
parties to file a status report by January 18,
1993.
The Agency
did not do so.
Therefore, the Board directs the Agency to file a
status report in this proceeding to be received by the Board no
later
than May
2,
1993.
Such
status
report
will
include
an
explanation as to why the Agency has not responded to the amended
petition.
If such status report
is not received by May
2,
1993,
the Board will consider imposing sanctions pursuant to 35 Ill. Adm.
Code 101.280.
OI~
I
-0175
2
IT IS SO ORDERED.
I,
Dorothy N.
Gunri,
Clerk
of the Illinois Pollution Control
Board,
do hereby certj3fy
t~iat
the above order was adoptel on the
~—~-
day of
--~L~
,
1993,
by a vote of
~
*
Ill
Clerk
.lution Control Board
01
ti
1-0176