ILLINOIS POLLUTION CONTROL BOARD
    January 23, 1997
    BORDEN CHEMICALS AND PLASTICS
    OPERATING LIMITED PARTNERSHIP,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-102
    (Variance - Water)
    ORDER OF THE BOARD (by M. McFawn):
    On December 11, 1996, Borden Chemicals and Plastics Operating Limited Partnership
    (Borden) filed a petition for variance regarding its plastics manufacturing facility, located near
    Illiliopolis, in Sangamon County. Borden seeks a variance from the general use water quality
    standards for temperature set forth at 35 Ill. Adm. Code 302.211(b) - (d), and the general
    prohibition set forth in 35 Ill. Adm. Code 304.105 against causing a violation of any water
    quality standard.
    In its petition for variance, Borden waived its right to a hearing. However, on January
    21, 1997, the Board received a letter from Donna Showalter objecting to the grant of the
    variance. The Board finds that a hearing in this matter would be advisable, and sends this
    matter to hearing. (
    See
    415 ILCS 5/37(a).)
    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices and the applicable statutory decision deadline, or the decision deadline as
    extended by a waiver (petitioner may file a waiver of the statutory decision deadline pursuant
    to 35 Ill. Adm. Code 101.105). The Chief Hearing Officer shall assign a hearing officer to
    conduct hearings. The Clerk of the Board shall promptly issue appropriate directions to the
    assigned hearing officer consistent with this order.
    The assigned hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 40 days in advance of hearing so that public notice of hearing
    may be published. After hearing, the hearing officer shall submit an exhibit list, a statement
    regarding credibility of witnesses and all actual exhibits to the Board within five days of the
    hearing. Any briefing schedule shall provide for final filings as expeditiously as possible and,
    in time-limited cases, no later than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory or deferred decision
    deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
    2
    now April 10, 1997; the Board meeting immediately preceding the due date is scheduled for
    April 3, 1997.
    If after appropriate consultation with the parties, the parties fail to provide an
    acceptable hearing date or if after an attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing date in conformance with the
    schedule above. The hearing officer and the parties are encouraged to expedite this
    proceeding as much as possible. The Board notes that Board rules (35 Ill. Adm. Code
    104.180) require the Agency to file its recommendation for disposition of the petition within
    30 days of filing of the petition. Since the petition was filed on December 11, 1996, the
    Agency’s recommendation was due to be filed on January 10, 1997.
    IT IS SO ORDERED.
    Board Member Kathleen M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top