This was an application by Beazer East Inc. to adjourn the hearing of its appeal of a Remediation Order on the grounds that resolution of the matter may be achievable in the coming months through a negotiated settlement. It argued that the parties were close to defining the work required to be done under the Order and that the cost of remediation would likely be substantially less than initially anticipated. CNR supported the adjournment, but Atlantic and the Waste Manager strongly opposed it.
After balancing the rights and interests of the parties, the Board decided to proceed with the hearing as scheduled. Although a negotiated settlement is normally in the best interests of all parties, the Board noted that it is only a realistic option if all the parties are willing to participate in the process. In this case, the Board found that settlement of the appeal did not appear to be imminent, and two of the parties strenuously objected to the adjournment and wanted to proceed with the hearing without further delay. The hearing was scheduled to reconvene in one week and there was no indication that the parties were unable to proceed at that time. The application to adjourn was denied.