ILLINOIS POLLUTION CONTROL BOARD
February 25,
1993
RIVERSIDE LABORATORIES,
INC.,
Petitioner,
v.
)
PCB 91—161
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by 3.
C. Marlin):
On February 5,
1993, the Agency filed a status report in
response to an August 13,
1992, Board order.
On February 8,
1993, Riverside Laboratories,
Inc.
(Riverside)
filed a status
report also in response to the August 13,
1992, Board order.
Concurrently, Riverside filed a waiver of decision deadline until
September 1,
1993.1
Riverside and the Agency state that Riverside has two
variance petitions pending before the Board,
PCB 91-161 and PCB
90-164 as well as a permit appeal, PCB 90-165,
all pertaining to
the Part 218 papercoating regulations as applied to Riverside.
The Agency and Riverside also state that Riverside has pending
before the United States Environmental Protection Agency
(USEPA)
a reconsideration of the Federal Implementation Plan
(FIP)
papercoating regulations as applied to Riverside.
The parties
also state that USEPA has granted Riverside a stay of enforcement
of the papercoating limitations, pending final review.
35
Iii.
Adm. Code 218.103(a) (2)
stays the effectiveness of Part 218 as
applied to each FIP appellant to the extent that each appellant
receives a stay of the FIP from the USEPA.
Based on the foregoing,
the Agency requests in its status
1Riverside’s original status report and waiver of decision
deadline was received on February
1,
1993.
The Agency’s original
status report was received on February
3,
1993.
Both status
reports and the waiver of decision deadline were improperly filed
in that one document was filed for each of the three pending
Riverside cases instead of separate documents being filed for
each docketed case.
Additionally, because the parties filed the
documents as
if they were filing for one case instead of three
the Board did not receive the requisite number of copies.
(See,
35 Ill.
Adm. Code 101.103(b).)
The date of filing reflected in
this order is the date the corrected copies were received by the
Board.
0
I 39-0L~79
2
report that the pending matters be held in abeyance until final
review by USEPA of the papercoating regulations as applied to
Riverside.
Riverside in its status report asks that the Board
continue the stay of proceedings in this matter until April
30,
1993, at which time Riverside agrees to submit a status report in
this matter.
Accordingly, the Board will enter a stay in each
case until April 30,
1993.
The parties are directed to file an updated status report on
or before April 30,
1993.
The parties may renew their request
for an extension of the stay if necessary, provided that the
extension is accompanied by a appropriate waiver of the decision
deadline.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certif)~that the above order was adopted on the
~
day of _________________________,
1993,
by a vote of
7
~
~
~
Dorothy N. ~u’nn,Clerk
Illinois Pdl4~utionControl Board
0
39-0L~8O