ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1991
    JEFFERSON SNURFIT CORPORATION,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—175
    (Permit Appeal)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B~. Forcade):
    On July 18, 1991, Jefferson Smurfit Corporation
    (“Smurfit”)
    and the Illinois Environmental Protection Agency (“Agency”)
    filed
    a joint motion for continuance.
    That motion is denied.
    In the prior order of May 9,
    1991,
    the Board stated:
    The
    permit
    contested
    here
    was
    issued
    on
    September
    30,
    1988;
    the
    permit
    appeal
    was
    filed
    on October
    31,
    1988.
    For more than
    2
    1/2
    years
    this
    case
    has
    languished
    on
    the
    Board’s
    docket.
    The
    only
    entries
    on
    the
    docket
    sheet
    from
    the
    parties
    during
    that
    lengthy period of time are repeated motions
    from
    Srnurfit to continue hearing and waivers
    of
    decision
    deadline.
    On
    four
    separate
    occasions the Board has scheduled a
    hearing
    and published a newspaper notice of hearing as
    well
    as
    mailing notice
    of
    such
    hearing
    to
    elected state officials
    from that
    area.
    At
    Smurfit’s request, none of those hearings were
    ever held.
    Four times the Board has expended
    its
    limited
    financial
    resources
    to
    provide
    notice
    for
    a hearing
    that never took place.
    Four times the Board has
    invited
    the public
    and elected officials to attend a hearing that
    never took place.
    The time
    for
    additional
    delay has passed.
    Today’s motion for continuance was filed after the fifth notice
    of hearing was published.
    The sole reason cited for the
    continuance was continued negotiations which might lead to the
    filing of an adjusted standard or site-specific rule.
    Even if
    filed,
    neither proceeding would impact the propriety of the Boron
    limitations in Smurfit’s 1988 permit.
    Even if such a proceeding
    were filed and diligently prosecuted it could take a year from
    the date of filing.
    125—01

    2
    This matter will proceed to hearing as directed in the Nay
    9,
    1991 Order.
    Failure to complete the proceedings in that time
    frame will make this case subject to dismissal for want of
    prosecution.
    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
    ~
    da~rof
    __________________,
    1991,
    by a vote of
    7o
    ,,
    Clerk
    ~lution Control Board
    125—02

    Back to top