ILLINOIS POLLUTION CONTROL
BOARD
April 21, 1994
LAIDLAW WASTE SYSTEMS
)
(MADISON),
INC.,
)
)
Petitioner,
v.
)
PCB 94—72
)
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
-
Respondent.
ORDER
OF THE
BOARD
(by G. T. Girard):
On April
18,
1994, Laidlaw Waste Systems, Inc. filed an
amended petition for permit review regarding its Cahokia Road
Sanitary Landfill facility, located in Madison 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 Iii. 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.
The Board notes that for purposes
of calculation of a decision deadline pursuant to Section 40 of
the Act, the filing of an amended petition restarts the
calculation of the Board’s 120 day deadline.
In this case, the
statutory decision deadline has been waived to August 22, 1994;
therefore the decision due date is August 11,
1994.
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
2
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.
Adin. Code 105.102) reauire the Agency to file the entire
Agency record of the permit a~~lication
within 14 days of notice
of the petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, he eby certify that the above order was ~dopted on the
~
day of
A7’L~L.
,
1994,
by a vote of
~
~
J~
~t.
Dorothy M. G)~in,Clerk
Illinois P~ ution Control Board