ILLINOIS POLLUTION CONTROL BOARD
January 7, 1988
USI CHEMICAL,
Petitioner,
v.
)
PCB 87—149
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J. Anderson):
Among the issues in this action is a challenge to the
validity of the Board regulation underlying this permit appeal.
On November 25, 1987, the Board issued an Order requiring the
parties to present briefs by December 16, 1987 “concerning the
burdens of proof, standards of review and relevant evidence to be
considered” at the hearing to be held in this matter. No briefs
were filed.
However, on December 18, the Agency filed a motion for
extension of time which recites that it had been advised by USI
that USI would move for postponement of briefing until after
hearing. The Agency opposed any such request from USI, but also
asked the Board to grant it an extension similar to any granted
to USI.
USI has made
rio
motion.
The Board issued its November 25 Order so that the scope of
issues and information to be presented at hearing could be
clarified and hearing time minimized; this objective is hardly
served by post hearing subinittals. The parties shall file
responses to the Board’s November 25, 1987 Order no later than
January 27, 1988. In the event that either party fails to so
file, the Board will consider issuance of appropriate sanctions.
IT IS SO ORDERED.
85—15
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
7~
day ofC
,
1988, by a vote of
~—o
Illi
Poll Ut Control Board
85—16