ILLINOIS POLLUTION CONTROL BOARD
    August 11,
    1994
    WILMER BROCKMAN, JR.
    and
    )
    FIRST MIDWEST BANK/ILLINOIS,
    )
    AS TRUSTEE UNDER TRUST NO.
    757,
    )
    Petitioner,
    )
    V.
    )
    PCB 94—207
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On August
    2,
    1994, Wilmer Brockman,
    Jr. and First Midwest
    Bank/Illinois,
    as Trustee under Trust No.
    757, filed a petition
    for permit review regarding its sanitary landfill, known as the
    Brockman II Landfill, located in the Village of Naplate, Ottawa
    Township, LaSalle County.
    This matter is accepted for hearing.
    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 now
    November 30,
    1994
    (120 days from August
    2,
    1994);
    the Board
    meeting immediately preceding the due date is scheduled for
    November
    3,
    1994.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or
    if after an

    2
    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.
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby ce tify that the above order was adopted on the
    //~day of
    ____________,
    1994, by a vote of
    —O
    Dorothy M//Gunn, Clerk
    Illinois(y’ollution Control Board

    Back to top