ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
ESG WATTS,
INC.,
)
am Iowa corporation
)
Petitioner,
)
v.
)
PCB 94—306
PCB 94—307
ILLINOIS ENVIRONMENTAL
)
PCB 94-308
PROTECTION AGENCY,
)
PCB 94-309
)
(Permit Appeals)
Respondent.
ORDER OF THE BOARD
(by
3.
Theodore Meyer):
On October 27,
1994,
ESG Watts,
Inc.,
filed four petitions
for permit review regarding its solid and special waste landfill
located in Rock Island County,
Illinois, commonly known as the
Taylor Ridge
(or Andalusia)
Landfill.
These appeals were
docketed as PCB 94—306, PCB 94—307, PCB 94—308, and PCB 94—309.
These matters are accepted for hearing.
As each of these appeals
involves denial of waste stream approvals for the identical
reason, the Board on its own motion consolidates these cases 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
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 assigned hearing
officer.
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
February 24,
1995
(120 days from October 27,
1994);
the Board
meeting immediately preceding the due date is scheduled for
February 16,
1995.
2
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
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 1O5.1O2~require the Ac~encyto file the entire Acrency 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 Contrq~~
Board, her~,ycertify that the above order was adopted on the
.1
day of
/1
,
1994, by a vote of
_________
/1
/1
~
~
~
Dorothy H.
Gi4n,
Clerk
Illinois
Pol”A.ition
Control Board