ILLINOIS POLLUTION CONTROL BOARD

November 19, 1992

IN THE MATTER OF:

)

PETITION OF R.

LAVIN

& SONS,

INC.,

)

FOR ADJUSTED STANDARD FROM 35

)

ILL. ADM.

CODE 302.102,

302.208,

)

AS 90—5

302.210

AND

SUBPART F, PROCEDURES

)

(Adjusted Standard)

FOR DETERMINING WATER QUALITY

)

CRITERIA

)

ORDER OF THE BOARD

(by R.C. Flemal):

On August

13,

1992, the Board ordered the parties to submit

status reports

in this proceeding.

On November 13,

1992,

the

Illinois Environmental Protection Agency (Agency) filed its

status report and on November 16,

1992,

R. Lavin

& Sons,

Inc.,

(Lavin)

filed its status report1.

Lavin and the Agency state

that they have extended the period for negotiations under the

dispute resolution clause in a consent decree entered into by

these parties

in a related enforcement action, People v.

R. Lavin

& Sons

(1990),

No.

90-CH-668.

Lavin states that it

is currently

negotiating with the North Shore Sanitary District and the City

of North Chicago to reroute some of Lavin’s stormwater

discharges, with the earliest conclusion to these negotiations

expected at the end of 1992.

Lavin requests that the Board set

the matter for another status report by February 1993.

The Board hereby orders that the parties submit status

reports to be received by the Board on or before February

1,

1993.

IT IS SO ORDERED.

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

~

day of

/2

~

,

1992, by a vote of

I

Accompanying Lavin’s report is

a waiver of decision due

date.

The Board notes that the Environmental Protection Act does

not provide for a decision due date in this type of proceeding,

therefore,

a waiver

is not needed.

QI37-Q2’~7