ILLINOIS POLLUTION CONTROL BOARD
    October
    20,
    1994
    ATKINSON LANDFILL COMPANY,
    INC.,
    Petitioner,
    v.
    )
    PCB 94—259
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    On October
    13,
    1994 the Board received
    a written
    objection
    to grant of variance.
    The written objection, which
    is filed by
    Carolyn Van Opdorp,
    is accompanied by a copy of
    a newspaper
    notice.
    That notice was published by the Illinois
    Environmental
    Protection Agency pursuant to Board procedural rule
    (see 35 Ill.
    Adm. Code 104.140(b)).
    Ms. Van Opdorp’s objection was apparently guided by the
    specific wording of the newspaper notice, which,
    among other
    matters, observes that “(I)f
    a written objection to the variance
    is received by
    ...
    the
    Board
    no later than twenty—one
    (21) days
    from the filing of the petition for variance, the Board
    must
    conduct a hearing on the petition”
    (emphasis added).
    This
    language differs from the hearing requirement set forth at
    Section 37(a)
    of the Environmental Protection Act
    (Act).
    Section
    37(a)
    provides that
    a hearing is mandatory only when the written
    objection is filed “together with a written request for hearing”
    (415 ILCS 5/37(a)).
    Ms. Van Opdorp’s written objection is not
    accompanied by a written request for hearing.
    The Board also notes that the petition for variance was
    filed with the Board
    on September 20,
    1994.
    To be timely,
    an
    objectibn had to have been filed
    on or before October
    11,
    1994,
    which was the 21st day after filing of the petition.
    Ms. Van
    Opdorp’s written objection was filed with the Board on October
    13,
    1994,
    23 days after the filing of the petition.
    Based on these facts, the Board finds that the instant
    written objection is not sufficient to trigger
    a mandatory
    hearing.
    However,
    the Board has within its own discretion,
    pursuant to Section 37(a)
    of the Act,
    the authority to call a
    public hearing whenever the Board concludes that hearing would be
    advisable.
    The Board believes that a public hearing in this
    matter
    is advisable.
    Accordingly,
    the Board will
    set this matter
    for public hearing.
    2
    Interested persons are advised that this public hearing is
    for the sole and narrow purpose of obtaining testimony on the
    merits of Atkinson Landfill’s request for an extension of the
    deadline for filing an application for a significant modification
    of its operating permit.
    The hearing officer
    is required to bar
    testimony on any issues not relevant to this variance request.
    The hearing must be scheduled and completed in a timely
    manner,
    and will be conducted in accordance with
    35
    Ill. Adm.
    Code 102.Subpart
    J.
    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 hearing
    officer.
    IT IS SO ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    j2ereby
    certify i~ãti~eabove order was adopted on the
    ~
    day of
    ___________________
    ,
    1994,
    by a vote of
    z_~~1
    L~EL~3
    //5~
    Dorothy
    N.
    G,u/in,
    Clerk
    Illinois
    PoIJ~ution
    Control
    Board

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