ILLINOIS POLLUTION CONTROL BOARD
    October 15, 1998
    IN THE MATTER OF:
    PETITION OF BIG RIVER ZINC
    CORPORATION FOR AN ADJUSTED
    STANDARD UNDER 35 ILL. ADM. CODE
    720.131(c)
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    AS 99-3
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On September 24, 1998, Big River Zinc Corporation (BRZ) filed a petition for an
    adjusted standard under 35 Ill. Adm. Code 720.131(c). BRZ asks the Board to determine that
    certain zinc oxide is not a solid waste. As required by Board rules, BRZ filed a certificate of
    publication on October 7, 1998. See 35 Ill. Adm. Code 106.711 and 106.712.
    The Board accepts the petition for hearing. The Board must hold at least one public
    hearing before it grants an adjusted standard. See 35 Ill. Adm. Code 106.415(a). The Board
    will assign a hearing officer to schedule and conduct the hearing. If the parties fail to agree on
    a hearing date, or the hearing officer is unable to consult with the parties regarding a hearing
    date, the hearing officer may unilaterally schedule a hearing.
    The hearing officer must inform the Clerk of the Board of the time and location of the
    hearing at least 40 days in advance of hearing so that a 30-day public notice of the hearing
    may be published. After the hearing, the hearing officer must submit an exhibit list, a
    statement regarding the credibility of the witnesses, and all exhibits to the Board within five
    days of the hearing. The hearing officer also must schedule the filing of any posthearing
    briefs. The Board encourages the hearing officer and the parties to expedite this proceeding as
    much as possible.
    The Board notes that the Illinois Environmental Protection Agency (Agency) must file a
    response to the petition within 21 days after BRZ filed the petition. See 35 Ill. Adm. Code
    106.414(a). BRZ may file a reply within 14 days after the Agency files its response. See 35
    Ill. Adm. Code 106.414(b).
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of October 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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