ILLINOIS POLLUTION CONTROL BOARD
    October 16,
    1992
    LTV
    STEEL
    COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—49
    (Permit~Appeai)
    ILLINOI S
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by R.C.
    Flemal):
    On October 6,
    1992,
    LTV
    Steel Company
    (LTV)
    filed their
    sixth status report in this proceeding and an agreed motion for
    stay and motion to file instanter.
    LTV
    also filed an open waiver
    of the decision deadline.
    LTV
    states that this status report was due September 5,
    1992, and was not timely filed due to negotiations with the
    Agency and its consultant, EA Engineering, regarding the scope of
    work.
    LTV
    states that the Illinois Environmental Protection
    Agency (Agency) has no objection to the granting of the motion.
    LTV
    asks that the Board grant leave to file its status report
    instanter.
    The Board grants the motion to file instanter.
    The parties now report that the contract with EA Engineering
    has been finalized, that amendments to the initial scope of work
    are currently under review by the Agency, and that the timetable
    for completion of thermal studies should be determined after the
    amended scope of work is finalized.
    LTV
    then states that it
    believes that the initial scope of work can be completed in 90
    days and that an additional 90 days will be required to report to
    the Agency and discuss the import of the findings in relation to
    the permit appeal and any future adjusted standard proceeding.
    LTV
    therefore requests that this matter be stayed for 180 days.
    LTV
    also “seeks a Board order directing further reports be
    filed directly with the Hearing Officer and further stays to be
    at the discretion of that Hearing Officer with a right to appeal
    to the Board”.
    (Agreed Motion at 2.)
    The Board is unclear
    whether, by this statement,
    LTV
    means that any future status
    reports will only be filed with the hearing officer, and not the
    Board.
    In any event,
    LTV
    may direct motions to the hearing
    officer as allowed by the Board’s procedural rules.
    However the
    Board must still receive a copy of any motions filed, even if
    directed to the hearing officer.
    (See 35 Ill. Adm. Code 101.241
    and 101.247.)
    Due to the age of this proceeding, however, any
    motions for additional stay of the proceeding shall be directed
    to the Board.
    0136-0365

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