ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    1991
    IBP,
    INC.,
    Petitioner,
    v.
    )
    PCB 88—98
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On
    February
    7,
    1991,
    the Board ordered this matter set
    for
    hearing and instructed that all hearings be completed by August
    2,
    1991.
    That
    Order
    was
    not
    complied
    with.
    Consequently,
    on
    September
    12,
    1991,
    the
    Board
    Ordered
    that
    all
    hearings
    be
    completed by November
    14,
    1991,
    stating that failure
    to complete
    hearings according
    to this schedule would subject the proceeding
    to dismissal for want of prosecution.
    On September 25,
    1991,
    IBP
    and the Agency jointly moved for yet another continuance.
    The permit under
    review was issued on Nay
    5,
    1988.
    Under
    federal and state law that permit would have
    a maximum term of
    5
    years.
    We are now
    2
    1/2
    years
    into the originally
    anticipated
    lifetime of that permit and the controversy is still not resolved.
    The permit review provisions
    of Section
    40 of the Illinois
    Environmental Protection Act contemplate that NPDES permit review
    decisions by this Board can be completed within 120 days.
    We are
    now more than one year since the September 21, 1990 Appellate Court
    Opinion remanding
    this matter
    to
    the
    Board,
    and hearing
    on the
    merits has still not been completed.
    The
    most
    recent
    motion
    for
    continuance
    simply
    recites
    additional
    negotiations
    taking
    place
    between
    USEPA,
    IEPA,
    the
    Department
    of Justice and IBP regarding many water pollution and
    air
    pollution
    regulatory
    issues.
    Such
    generalized
    assertions
    provide
    an inadequate basis to further postpone
    a matter so long
    delayed.
    Further,
    neither party asserts that
    such negotiations
    preclude
    a decision by this Board
    or that
    any future
    negotiated
    settlement
    approved
    by
    a
    U.S.
    District
    Court
    could
    not
    be
    implemented despite any ruling by this Board on this permit.
    This case is too long delayed.
    The motion for continuance is
    denied.
    Failure to complete all scheduled hearing
    in this matter
    by November 15,
    1991 will subject this matter to dismissal for want
    of prosecution.
    126—261
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boa~d, hereby certiy
    that the above Order was adopted on~he
    c’’~Z7
    day of
    ,-~.~t~&-’
    ,
    1991,
    by a vote of
    ‘
    ~
    ~,
    Dorothy M. ~nn,
    Clerk
    Illinois Po~1utionControl Board
    126—262

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