ILLINOIS POLLUTION CONTROL BOARD
    July 30,
    1992
    HEICO.
    INCORPORATED,
    )
    Petitioner,
    )
    v.
    )
    PCB 90—196
    )
    (Permit Appeal)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by G.T. Girard):
    On June
    23,
    1992,
    the
    Board
    entered
    an
    order
    rejecting
    a
    status report
    filed June 15 in response to the Board’s order
    of
    April
    23,
    1992.
    The
    Board
    ordered the
    filing
    of
    an
    adequate
    amended status report on or before July 7,
    1992,
    finding that in
    the June report “t~he parties have failed to indicate what actions
    have
    been
    taken,
    or
    progress
    made,
    toward
    resolution
    of
    this
    action,
    and
    have
    failed
    to
    provide
    an
    estimated date
    for
    the
    completion of this proceeding”.
    On July 8, 1992, the parties filed a letter regarding “status
    of
    negotiations”.
    The parties have not filed
    a
    signed original
    signature page as required by 35 Ill. Adm. Code 101.103(g), having
    instead filed a duplicate of a telefaxed signature page.
    There is
    no
    indication
    that
    the hearing officer received
    a
    copy
    of this
    letter,
    since there was no proof of service or “cc” indication on
    the letter.
    By
    separate filing,
    Heico provided
    a waiver
    of the
    Board’s decision deadline to February 27,
    1992; this document was
    served on the hearing officer.
    The substance of the parties report is that this is an appeal
    of
    the Agency’s
    denial
    of
    a
    RCRA
    clean
    closure
    certification
    concerning an area of soil adjacent to a concrete pad upon which
    several
    barrels
    containing hazardous wastes had allegedly been
    stored for more than 90 days.
    Cadmium is the parameter of concern.
    The cleanup objective contained in Heico’s Agency—approved closure
    plan was
    0.01
    mg/l.
    Based
    on
    sampling
    data
    from
    the
    site,
    petitioner requested,
    and the Agency
    refused,
    to reconsider the
    cleanup objective level.
    Heico reports that since the Agency’s April
    14,
    1992 refusal
    of reconsideration
    Petitioner
    and
    IEPA
    have
    had
    numerous
    discussions regarding the amount of additional
    soil removal and sampling that would be needed
    0135-0121
    2
    to satisfy IEPA that clean closure
    has been
    achieved.
    Such a discussion was held on July
    6,
    1992.
    It
    is anticipated
    that additional
    discussions will be needed.
    If the parties
    reach and agreement,
    Petitioner will request
    that
    a
    hearing
    be
    set.
    The
    parties
    anticipates that they will need at least 120
    more days to try to resolve the issues and to
    determine
    if
    a
    hearing
    will
    be
    necessary.
    Thus,
    Petitioner
    is
    submitting
    a
    letter
    waiving the Board’s decision date by 120 days.
    As the parties have demonstrated that adequate progress has
    been made toward resolution of this
    action,
    the
    Board
    will not
    order
    this
    matter
    to
    hearing
    at
    this
    time.
    The parties
    are
    directed to file an updated status report on or before November 1,
    1992.
    The status report shall be captioned in the style set forth
    in
    35
    Ill.
    Adm.
    Code 101.Appendix A,
    and
    shall conform with all
    filing requirements of 35 Ill. Adm.
    101.
    Failure to timely file a
    status
    report
    acceptable
    in
    form and substance may subject the
    parties to sanctions pursuant to 35
    Ill. Adm. Code 101.Subpart J.
    IT IS SO ORDERED.
    I,
    Dorothy N. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby cer ify that the above order was adopted
    9fl
    the
    ~C~- day of
    _________________,
    1992, by a vote of
    ~
    .
    Dorothy N.
    5~/inn, Clerk
    Illinois Poflution Control Board
    0135-0122

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