ILLINOIS
POLLUTION
CONTROL
BOARD
January
7,
1993
LONE
STAR
INDUSTRIES,
INC.,
Petitioner,
v
PcB
92—134
(Variance)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER
OF
THE
BOARD (by B. Forcad.):
On Noveaber 9, 1992, the Illinois Environa.ntal
Protection
Agency (“Agency”)
filed
itø
recoaesndation in this
aatter
•
The
recoaaendation included a copy of the October
20
letter
fros the
objector
in
this
proceeding;
the
letter
raised concerns regarding
leachate
and
aonitoring
at
the
site
and requested
notification
of
the
bearing.
On
Novesber
12,
1992,
bearing
was, held.
-At
least
one
asaber
of
the
public
attended.
(?r.
6).
.~t
D.osabsr
3Oi
1992,
Lone
Star
Industries,
Inc.,
filed
a
!Rssponse to
Racoanendation
of
the
Illinois
*nviroraental
Protection
Agency
and
Motion
for
Modification
of
Petition
for
Varianc.”1
~j5
docusent
proposes
language
to
replace
the .requiron.nts
in the
Agency
r.coaaendation
regarding
d.watering
of the
~D
pond.
At
bearing
Lone
Star
indicated
it
night
propose
alternatives
to
dewatering
(e.g.,
Tr.
183—4),
but
no specifics
vers
provided.
The
Board
notes
that
the
objector
was
not
served
with
the
Deceaber
30,
1992
filing
by
Lone
Star.
The
Board
finds
the
response
filed
b~
Lane Jtar
is
not
tinely,
and
the. Board
will
not
consider
it.
Th
Board
regulations
regarding
responses
to
r.co.fldations
ar.
found
at
35
Ill.
Adn.
Code
104.181:
Response or Anended Petition
Within
7
days
after
receipt
of
the
Agency
Recoamendation, the petitioner nay:
a)
File
with
the
Board
a
response to
any Agency recasnendatian
and
a
copy
shall
be
served
upon
the Agency;
or,
b)
File
an
ananded
petition
for
variance in accordance with Section
104.121,
requesting
that
the
natter
On January 5,
1993,
Lone Star filed
a
notion to correct
a typographxcal error in
its
response.
This notion
is
granted.
0138-0269
2
be set for hearing.
The
Board
shall
authorize
the netter
for
bearing
and
render a final decision within 90
days after the filing of the mended
petition.
One
objective
of
requiring
a
response
within
seven
days
is
to
ensure
areas
of disagre.aent
can
be
addressed
at
hearing
with
specificity.
Another
objective
is
to
ensure
those
attending the
hearing will have the benefit
of
knowledge
of
the
parties
changed
positions.
One obvious difficulty in this
proceeding
was
the
Agency’s
delayed filing of iti recoa*endation,
barely
three days prior to
bearing.
The
Agency’s late filing su~stantial1y
frustrated
both
of the above
stated
objectives.
The Board will require Lone Star to file an Aaendsd Petition
in coapliance with
Section
104.121
if
it
wishes to pursue
alternatives
to devatering.
Such
Mended Petition suet be served
upon
the
objector.
The
Board
will
not at
this
tine
require
another
hearing to
be
scheduled,
howeVer the
Agency
or
the
objector
nay
request
an
additional
hearing
within
35
days
of
being
served
with
the
Mended
Petition.
Th~ Mended
Petition
will
restart
the
tine clock
for
the Board’ö’
decision
deadline
consistent with Section 104
•
181(b).
The Board
notes
that
aiLny
of th. phrases used in the
four
conditions.
articulated
by
Lone
Star
lack specificity.. For
.xaaple:
“the
effectiveness of the
leachate
systea will be
desonstreted”, “substantially eapty”,
“aplcy
supplesental
aethods”,
“if
necessary”, “proves
unworkable”, and “aaflagsable
level”.
Absent greater specificity, the Board would
find
it
difficult to interpret
the
language
.aploysd
-by
LOne
Star.
This netter is presently due for decision on March 25, 1993.
Unless an Asended Petition is filed by February 1, 1993, the
Board will render a decision
based
upon the
record
absent the
•Deceaber
30, 1992 filing.
The
briefing
schedule contained
~n the
Hearing Officer’s
Deceaber
11, 1992
Order
is
specifically flot
stayed~ However, Lone Star’s filing of an
Mended
Petition in
accordance with this Order will
stay
the briefing
schedule
pending
further
order of
the Board.
IT IS SO
ORDERED.
0138-0270
3
I, Dorothy M.
Gunn,
Clerk
of
the Illinois Pollution ~trol
Board, hereby cert
that
the above order
was
adopted
on the
7ci”~’
day of _____________,1993,
byavoteof
5—0
rJ~zi~1
,~.
Dorothy N.
9’lann, Clerk
Illinois
Pollution
Control Board
01381271