ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1988
    MARLEY—INGRID (USA), INC.,
    Petitioner,
    v
    )
    PCB 88—17
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    This matter comes before the Board on the January 20, 1988
    Amended Petition of Marley—Ingrid (USA), inc. (“Marley—
    Ingrid”). This petition appeals certain conditions imposed by
    the Illinois Environmental Protection Agency (“Agency”) on
    December 11, 1987 on Marley—Ingrid’s Closure Plan for its
    hazardous waste surface impoundment located in Lake Bluff,
    Illinois. Marley—Ingrid timely filed its original petition on
    January 15, 1988. Public hearings were held on April 20 and 27,
    1988. The parties declined at the hearings to submit post—
    hearing briefs. This matter is currently due for an October 6,
    1988 decision at that regularly—scheduled Board meeting. The
    current statutory deadline for decision in this matter is October
    17, 1988.
    The Board believes that a lack of final—briefings is
    particularly inappropriate in the context of most permit
    appeals. This is a permit appeal, and in such a proceeding, the
    parties bear a particular burden of proceeding before the
    Board. Such briefings are vital to the crystalization and final
    disposition of the issues involved. For these reasons, the Board
    directs the Petitioner to submit its post—hearing brief to the
    Board not later than June 22, 1988. The Agency shall submit its
    response brief not later than July 22, 1988. Any supplemental or
    reply briefs shall be filed no later than August 5, 1988.
    The Board directs the parties’ attention to the recent
    decision in Browning—Ferris Industries of Illinois, Inc. v.
    Environmental Protection Agency, PCB 84—136 (May 5, 1988). That
    proceeding involved an appeal from Agency modifications of a RCRA
    Closure and Post—Closure Care Plan. It should provide at least
    minimal guidance for the Board and the parties in the disposition
    of the issues in this current appeal.
    The parties shall submit post—hearing briefs and comply with
    the schedule described in this Order.
    89—27 7

    —2—
    The Clerk of the Board shall forward copies of this Order to
    the attorneys of record together with copies of the May 5, 1988
    Opinion and Order in PCB 84—136.
    IT IS SO ORDERED
    Chairman J.D. Dumelle dissented. Board Members Joan
    Anderson and John Marlin concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /9~-
    day of _________________________, 1988, by a vote
    of
    ‘~—/ .
    7
    Dorothy M. unn, Clerk
    Illinois Pollution Control Board
    89—2 78

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