ILLINOIS POLLUTION CONTROL BOARD

Nay 9,

1991

JEFFERSON SMURFIT CORPORATION,

Petitioner,

v.

)

.PCB 88—175

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On May

3,

1991, Jefferson Smurf

it

Corporation

(“Smurfit”)

filed a motion for continuance.

That motion

is referred to the

Hearing Officer for disposition consistent with today’s order.

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 Smurfit 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.

The Board Orders that the Hearing Orricer schedule and

conduct all hearings necessary to complete this proceeding as

soon as possible.

In no event shall the completion of all

hearings run beyond 120 days from the date of this Order.

IT IS SO ORDERED.

Board Members J.

Anderson and R.C.

Flemal dissented.

122—33

---

2

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

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

9~’

day of

___________________

,

1991,

by

a vote of

~

~

Dorothy M. 4unn,

Clerk

Illinois P6~lution Control Board

122—34