ILLINOIS POLLUTION CONTROL BOARD

December 27,

1984

CLASSIC FINISHING CO.

INC.,

Petitioner,

v.

)

PCB 84-174

Docket A

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF THE BOARD

(by J.

D, Dumelle):

On

December 19,

1984 Classic Finishing Co.

(Classic)

filed

a

Request

in this

proceeding

for

a

10

day extension of

the

time

for

submittal

of the Statement of Justification requested

by the

Board on December

6,

1984.

Section 120.220 provides that the

Board may extend the time period

for this submission

“by a second

period

of

10 working days if, within the first

10 day period,

the

owner

demonstrates that the extension

is necessary to complete

the

Statement of Justification

and

submits a request for

an

extension,”

Classic argues in its Request that due to the “press of

business”

and the “holidays” they have been unable to complete

the Statement

of Justification within

the

original

10

days.

Noting

that

in

this

case

there

will

be

no

forseeable

harm

to

the

public

from

granting this extension)

the

Board

wii:L

grant

this

extension

although

the

very general

statement

of

“necessity”

in

this

Request

does

not

compel

this

finding.

The

Statement

of

Justif:Lcation

shall

be

considered

timely

if

submitted

no

later

than

January

9,

1985.

The claimed trade

secret

material

involved

here

was

appropriately submitted pursuant to

Section

120.201

and

120.203

with a

limited

waiver

of the statutory

deadline for any Board

decision

which

may be delayed due

to

a subsequent justification

and

determination

process.

Section

120,203 provides “that such

waiver

shall extend

the deadline for decision

for

a period

equal

to

the

period

by which the decision

is delayed due to the

sub~

sequent justification

and

determination

procesu~

plus

10 working

days.”

in

this

case,

the

subsequent

justification

and

deter—

mination

process

has

resulted

in

a

delay

in

the

scheduling

of

the

mandatory

hearing.

This

was

necessary

because

although

the

IEPA

and

the

Board

may

have

access

to

this

material,

the

public

does

not.

The

Board

notes

that

it

is

at least

in

part

for

the

benefit

62-123

---

of

the

public

that

hearings

are

required

in

variance

proceedings.

The

delay

in

the

hearing

will

result

in

a

delay

in

the

Board~s

ability

to

render

a decision

in

this

matter,

Therefore,

the

Board decision

period is extended by a time

equal

to the time

~y~tween the

date

of

receipt

of

the

request

from

the

Board

(December

10,

1984)

and the date by which the Statement of

Justification

is submitted

to

the Board

(on

or before January

9,

1985)

plus 10

working

days.

Depending

on when

the Statement of

Justification

is

actually submitted,

the

Board notes that

its

decision

deadline in Docket B of this proceeding

is extended

by

20-30 working

days pursuant to Section 120.203 and the waiver

in this proceeding.

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

?~day

~

1984

by

a

vote

of

_______________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

62-124