ILLINOIS POLLUTION CONTROL BOARD
November
29,
1988
THE
NUTRASWEET
COMPANY
AND
)
CONSUMERS
ILLINOIS
WATER
)
CQ!4PANY,
Petitioners,
v
)
PCB
88—84
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
By
its Order of November
3,
1988,
the Board requested that
parties
in this matter brief
the issue of whether
the Board may
grant
a variance as requested by
the NutraSweet Company
(NutraSweet)
and Consumers Illinois Water Company (CIWC) given
the language
of
35
Ill. Adm.
Code 307.1101 and the fact that CIWC
is
a privately—owned wastewater
treatment works.
On November
23,
1988, NutraSweet and CIWC jointly filed a Motion
to Correct
Response to
Agency’s
Recommendation; Motion to Supplement
Record,
and a Brief
in Response to Board Order
of
November
3,
1988
First,
the Petitioners
seek
to add language
to their
November
3,
1988 Response
to the Agency’s Recommendation.
The
Petitioners assert that they inadvertantly omitted several words
from
a paragraph of that Response.
The Petitioner’s, Motion to
Correct Response
is granted.
By its Motion to Supplement ~ecord, the Petitioners request
that the Board accept Attachment A of Petitioner’s Brief as well
as “new factual information contained
in
(itsi
Brief.”
The
Petitioners state
that the attachment and other information “has
not previously been brought before the Board,
but which
is
relevant to issues raised by the Board
in its
November
3,
1988
Order.”
The Petitioners also assert that the Illinois
Environmental Protection Agency has
no objection to the Motion to
Supplement Record.
The new factual information set forth by the
Brief and Attachment A are verified by affidavits which are also
attached
to the
filing.
The Board grants
the Motion
to Supplement Record.
However,
the Petitioner’s Brief and attachment present new information to
93—653
—2—
the Board,
and the Petitioners even acknowledge
in their brief
that NutraSweet
is not subject the regulation from which it
originally sought variance.
Also, the Petitioners conclude that
NutraSweet may need relief from Section 304.105.
Consequently,
the Board will construe the Brief and attachment as
an amendment
to the Petition.
This in turn “re—starts”
the 120—day statutory
time period
in which
the Board must decide this matter.
The
Board recognizes,
though,
that the present variance, of which an
extension is sought by the Petitioner
in this proceeding, expires
on December 29,
1988.
As
a result, the Board will proceed
to a
decision in this matter as expeditiously as possible.
The Board also grants leave to the Agency
to file
a response
to the new factual material submitted by the Petitioner’s Brief
and Attachment.
Such
a response shall be
due
by December 20,
1988.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk
of
the Illinois Pollution Control
Board,
hereby cert2ify that the above Order was adopted on
the ~9ZZday
of
~
,
1988,
by a vote of
T~’
Dorothy M,/Gunn, Clerk
Illinois ~ollution Control Board
93—654