ILLINOIS POLLUTION CONTROL BOARD
June 21,
1990
CARGILL,
INC.
Petitioner,
PCB 87—89
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and
VILLAGE OF CARPENTERSVILLE,
Respondents.
ORDER OF THE BOARD
(by J. Marlin):
By Order
of May 24,
1990,
the Board directed the parties
to
file statements on or before June
15,
1990
indicating their
views
as
to how proceedings on
remand of this
case should best proceed
consistent with the May
9,
1990 mandate of
the Second District
Appellate Court.
Village of Car~entersvi11e v.
IEPA, and
Cargill,
Inc.,
176 Ill.
App.
3d 668,
531 N.E.2d 400
(2d Dist.
1988),
affd.
_______
Ill.
2d_____
,
_______N.E.2d______(No.
68074,
March
29, 1990).
The Village,
in its June 13 filing requested
that
the matter
proceed
to hearing.
Cargill,
in its June
14
filing,
and the
Agency,
in its June 15 filing,
each request
that
the parties be
given an additional
45 days
in which
to negotiate,
consider, and
potentially settle this matter.
Given
the complex nature of this case,
the Board believes
that allowing the parties additional
time
to consider this matter
is preferable
to the immediate scheduling of additional
proceedinas.
The parties are accordingly directed
to file a
status report
on
or before August
6
,
1990 again
indicating
their
views as
to how this matter should best proceed and whether
they
believe additional briefing or hearing
is required
in this
matter.
In so ruling,
the Board takes
no position on
the
Villa~e’sJune
13 hearing request.
IT
IS SO ORDERED.
I 12—337
—2—
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify
that the above Order was adopted on
the
~/~Z
day of
~
,
1990,
by a vote of
7ó
Dorothy M.
Q~nn,
Clerk
Illinois Pollution Control Board
112—3 38