ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1988
    RIVERSIDE LABORATORIES, INC.,
    Petitioner,
    v.
    )
    PCB 87—62
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On January 21,
    1988,
    an Agreed Emergency Motion to Continue
    Hearing was filed by Riverside Laboratories,
    Inc.
    (Riverside).
    On January
    7,
    1988,
    the Board,
    in response to
    a motion for
    continuance by Riverside, ordered
    that hearing
    be held on
    February 10,
    1988,
    as
    scheduled.
    By its present motion,
    Riverside has again requested continuance,
    until April
    11,
    1988,
    giving as new grounds development
    in
    a pending federal district
    court case
    in which Riverside
    is
    a party,
    entitled United States
    v. Riverside Laboratories, Inc.,
    86
    C 9083
    (N.
    D.
    Ill.).
    Riverside asserts:
    This
    case
    contains
    issues
    identical
    to
    those
    facing
    the
    Board
    in
    this
    matter,
    including
    Riverside’s
    alleged
    status
    as
    a
    papercoater
    under
    35
    Iii. Adm. Code Section 215.204(c).
    In
    recent
    weeks,
    Riverside has
    been
    involved
    in
    settlement
    negotiations
    with
    the
    United
    States
    Environmental
    Protection
    Agency
    (“U.S.EPA”)
    to
    seek
    a
    resolution
    of
    the
    U.S.
    v.
    Riverside
    case.
    A
    settlement
    agreement
    reached between the parties
    in that case could
    eliminate
    or
    substantially
    modify
    the
    issues
    facing
    the
    Board
    in this proceeding.
    Because
    of
    the progress
    of
    these negotiations and the
    impact they could have
    on this proceeding,
    the
    parties
    have
    agreed
    to
    a
    continuance
    of
    the
    hearing
    in this matter.
    Riverside states that the Illinois Environmental Protection
    Agency
    (Agency) supports continuance,
    but only for 60 days beyond
    the present February 10 hearing date,
    presumably until
    85—17 1
    April
    11,
    1988
    (April
    10
    falls on a Sunday).
    Riverside states
    that during this period:
    Riverside will contact the Agency on
    a regular
    basis during the next seven days to inform the
    Agency
    of
    the
    progress
    of
    the
    negotiations.
    If
    the
    Agency
    is
    not
    satisfied
    with
    the
    progress
    of
    the
    negotiations,
    Riverside
    and
    the Agency will request the Hearing Officer to
    issue new discovery cutoff dates and
    a hearing
    date
    not
    to
    exceed
    sixty
    days
    from
    the
    original date
    of February 10, 1988.
    The Board grants the motion for continuance,
    and also
    directs that the Hearing Officer be kept apprised
    of the course
    of
    events,
    so as
    to assure that a hearing,
    if necessary, may be
    timely noticed and held.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~/4~day
    of
    ______________,
    1988,
    by
    a vote
    of
    7—a
    Dorothy M/ Gunn,
    Clerk
    Illinois Pollution Control Board
    85—172

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