ILLINOIS POLLUTION CONTROL BOARD
    April 3, 1997
    MONSANTO COMPANY
    (William G. Krummrich Plant),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-154
    (Permit Appeal - RCRA)
    ORDER OF THE BOARD (by R.C. Flemal):
    On March 10, 1997, Monsanto Company filed a petition for Review of Permit regarding its facility
    located in St. Clair County, Illinois.
    The petition was accompanied by a limited waiver of hearing,
    decision deadline, and filing of the Illinois Environmental Protection Agency (Agency) record,
    for “90 days beyond the time limit provided for these actions in Section 40 of the Illinois
    Environmental Protection Act and in Parts 103 and 105 of the Illinois Pollution Control Board
    regulations”. This waiver provides for a Board decision deadline of October 6, 1997. The
    Agency’s record is now due July 8, 1997. This matter is accepted for hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices and the applicable decision deadline as extended by Monsanto Company’s
    waiver. The Board will assign a hearing officer to conduct hearings consistent with this order,
    and the Clerk of the Board shall promptly issue appropriate directions to that assigned hearing
    officer.
    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
    now October 6, 1997 (210 days from March 10, 1997); the Board meeting immediately
    preceding the decision deadline is scheduled for October 2, 1997.
    2
    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 105.102) require the Agency to file
    the entire Agency record of the permit application within 14 days of notice of the petition
    .
    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 of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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