ILLINOIS POLLUTION CONTROL BOARD
    July 19,
    1990
    AMERICAN STEEL CONTAINER
    )
    COMPANY, DRUM SHOP,
    Petitioner,
    )
    PCB 87—91
    (Variance)
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R. Flemal)
    On June
    7,
    1990,
    the Board ordered the parties
    in this
    matter
    to submit status reports no later than July
    2,
    1990.
    Both
    parties filed
    those reports on July
    2,
    1990.
    Petitioner’s status
    report indicated that in 1988 the parties had reached an
    agreement regarding settlement of
    this matter “which amounts,
    in
    essence,
    to a
    ‘standstill’ agreement during the in~titutionand
    finalization of
    a compliance plan.”
    (P.
    R.
    p. 1).~ The
    compliance plan involves the purchase and installation of
    equipment which
    “is due to be delivered to Petitioner by mid—
    September,
    1990.”
    (P.
    R.
    p.
    2).
    Therefore Petitioner believes
    that a continuance of this matter serves
    to “obviate the need for
    •
    a hearing on
    the variance petition.”
    (P.
    R.
    p.
    2).
    The Respondent
    filed
    its status report and indicated that
    it
    believed “that compliance was going to be initiated and finally
    achieved by January,
    1989.”
    (R.
    R.
    p.
    2-3).
    Compliance has not
    been achieved and the Respondent believes that the only options
    are
    to “proceed to hearing or
    for the petition to be dismissed at
    Petitioner’s request.”
    (R.
    R.
    p.
    3).
    The Respondent also
    requests that the Board order Petitioner
    to comply with the
    Hearing Officer’s December
    24,
    1987 discovery order,
    if
    the Board
    orders the matter set
    for hearing.
    The Board’s June
    7, 1990 Order asked the question “why is
    it
    necessary for the Petitioner
    to have equipment actually on hand
    in order
    for the Board to render a decision on
    a variance”.
    Neither party directly addressed this issue, and
    in fact
    the
    parties disagree on whether
    or •not
    to proceed with hearing.
    This
    matter initially came before
    the Board
    in August
    1987,
    on an
    amended petition
    for
    a variance seeking extension of
    a prior
    1.
    Petitioner’s status report
    is
    cited as
    “P. R.” and
    Respondent’s status report
    is
    cited as
    “R.
    R.”
    113—283
    —2—
    granted variance.
    As the Agency points out over
    two years have
    passed since the date that the Petitioner
    itself had set
    forth
    in
    its petition for variance as the date the Petitioner was
    requesting relief
    through.
    Therefore,
    the Board finds that
    continuing this matter further
    is not
    in the “interests of all
    involved.”
    (P.R. p 2).
    The Board directs the Hearing Officer to set this matter
    for
    hearing no later than September
    19,
    1990 and directs the
    Petitioner
    to comply with the Hearing Officer’s December
    24,
    1987, discovery order.
    IT IS SO ORDERED
    Board Memeber
    J.
    D.
    Dumelle concurred.
    Board Memeber
    J. Theodore Meyer dissented.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify th~ t~eabove Order was adopted on
    the
    /9~i7-~
    day of
    ____________________
    ,
    1990,
    by a vote
    of
    ‘/—/
    .
    /
    ‘I
    Illi
    Lfl
    lution Control Board
    113—284

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