ILLINOIS POLLUTION CONTROL BOARD
    May 25,
    1989
    ALLIED—SIGNAL,
    INC.
    Petitioner,
    V.
    )
    PCB 88—172
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board upon a May 16, 1989
    Motion for Modification
    of the Board’s May 11,
    1989
    Order filed
    by Allied Signal,
    Inc.
    (Allied).
    Allied requests that
    the Board
    modify
    its May 11 Order requiring
    an additional
    hearing
    to delete
    the order compelling the appearance of Allied’s witnesses and
    to
    clarify that the Objectors, Association of Concerned
    Environmentalists
    (ACE), may make oral
    or written statements,
    but
    that they have no right
    to cross—examine witnesses.
    While no response has been filed,
    the response period has
    not yet expired.
    However, circumstances surrounding
    this
    proceeding have changed sufficiently
    to enable the Board to
    address
    this issue with
    a view to resolving
    the problem.
    On May
    19,
    1989, Allied submitted
    a waiver of the decision date until
    August
    31,
    1989.
    The Board’s May
    11 Order was issued under the
    June
    22,
    1989 decision deadline.
    The Board believes that this
    additional
    time may be helpful
    in arriving at an equitable resolution of the problems resulting
    from the notice defect.
    The Board
    is aware
    that at hearing
    on
    April
    20,
    1989,
    a representative
    of ACE was present and
    testified.
    ACE’s representative
    stated:
    I have
    a list of questions that we would like
    answers
    to.
    I
    imagine
    that we can’t get them
    all today,
    but we would like
    to receive them
    on paper:
    What bio—monitoring plans will
    be
    implemented?
    How will they be conducted?
    Over what time period will
    they be
    conducted?
    Will
    the public be notified
    of
    when,
    what,
    how,
    and results
    of these tests?
    What are the impacts of
    9.2 pounds
    of daily
    arsenic
    and 26 daily maximum on the Ohio
    River,
    and has the Ohio River sediment ever
    been tested downstream
    from Allied?
    If not,
    then what change
    in circumstances created this
    problem?
    Define dilution.
    If arsenic
    is
    a
    99—263
    —2—
    heavy metal,
    then just exactly how does
    it mix
    with water?
    Is
    it true that Allied buys
    its
    flourspar from Mexico for
    a cheaper
    rate, and
    that this
    is the origin
    of some of the arsenic
    contamination?
    Where did Allied used to
    purchase
    its flourspar?
    Does Allied have an
    agenda
    for zero discharge?
    (R.
    at 34.)
    After
    the testimony of ACE’s representative, Counsel
    for Allied
    stated:
    I just have one comment, and that
    is,
    if you
    will furnish me with
    a copy of your written
    statement that has those questions you raised,
    some of the questions that you raised will be
    answered by reading the testin~ony
    Otherwise, we will be happy
    to attempt
    to
    answer those questions which might not be
    answered
    in that testimony,
    if we can.
    (R.
    at
    37.)
    In
    light of
    the particular circumstances of this case,
    and
    given
    the articulated willingness of Allied
    to answer,
    in
    writing,
    the questions of ACE,
    the Board believes that the
    written question and
    answer period should be formalized so as
    to
    permit ACE
    to obtain answers to
    its questions
    to facilitate
    its
    preparation for hearing.
    Therefore, ACE
    is directed
    to submit
    its questions to Allied,
    with
    a copy to
    the Board,
    no later
    than
    June
    5,
    1989.
    Allied
    is directed
    to submit
    its answers to
    the
    questions to
    ACE, with copies to the Board,
    no later than June
    19,
    1989.
    The
    Board
    takes
    its
    action
    today
    so
    that
    the questions
    and
    answers can be completed
    in time
    for
    the Board to render
    a
    decision on Allied’s motion
    at the June
    22,
    1989 Board Meeting.
    The Clerk
    is directed
    to send copies of
    this Order to Allied,
    the
    Agency, and ACE.
    IT IS SO ORDERED.
    I, Dorothy
    N. Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify
    that the above Order was adopted on
    the
    ______________
    day of
    ~r-~
    ,
    1989 by
    a vote
    of
    7-0
    Lon Control Board
    99—264

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