ILLINOIS POLLUTION CONTROL BOARD
    November 29,
    1988
    WASTE MANAGEMENT,
    INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 84—45
    )
    84—61
    ILLINOIS ENVIRONMENTAL
    )
    84-68
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On January 20,
    1987,
    the Environmental Protection Agency
    (Agency) moved
    to modify the Board1s Order of November
    26,
    1984.
    On September 14,
    1987, Waste Management,
    Inc.
    (WMI)
    filed
    its last of
    a number of motions requesting an extension of time
    to respond.
    On September
    17,
    1987,
    the Board
    issued an Order providing
    that:
    1.
    WMI’s response time was extended until October
    9,
    1987.
    2.
    WMI was ordered to inform the Agency by
    October
    5,
    1987 of any intention to seek
    additional response time.
    3.
    Both parties were ordered
    to file a status
    report by October
    9, 1987.
    WMI filed
    its status report~onOctober
    9,
    1987, stating
    that
    it intended
    to withdraw its RCRA Part B permit application for
    its ESL facility and thus the Agency’s concerns
    in its Motion to
    Modify are “moot and
    no longer at issue”.
    The Agency filed
    its status report on October
    13,
    1987
    stating that the ESL facility is not presently accepting “solid,
    special
    or hazardous wastes” and that it had not been notified of
    an extension of time to
    reply.
    While the Board appreciates
    the complexities involved,
    it
    observes that WMI,
    in its status
    report,
    did not assert that the
    status
    report should also be construed as
    a response to the
    Agency’s January 20,
    1987 motion,
    nor has
    the Agency moved
    to
    dismiss that motion or
    otherwise reply
    to WMI’s assertions.
    93—623
    —2—
    This matter
    is
    in limbo,
    and the Board seeks a resolution.
    Therefore, the Board orders WMI
    to inform the Board whether WMI
    in fact has withdrawn its RCRA Part B permit application.
    The
    Board orders the Agency
    to inform the Board whether its motion
    should be dismissed for lack of outstanding issues,
    and
    if not,
    state
    its reasons therefore.
    The Board orders both parties to submit their
    informational
    filings by December 12,
    1988.
    If the parties desire, they may
    file a joint submittal.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby cert~
    that the above Order was adopted on
    the~9?Z day of
    ______________,
    1988, by
    a vote of
    ~
    Dorothy M.,,~unn,Clerk
    Illinois P~1lutionControl Board
    93—624

    Back to top