ILLINOIS POLLUTION CONTROL BOARD
September 28, 1989
WALTONVILLE COMMUNITY UNIT
)
SCHOOL DISTRICT NO. 1 AND
)
THE JEFFERSON COUNTY BOARD
)
OF REVIEW,
Petitioners,
v.
)
PCB 89—149
CONSOLIDATION COAL COMPANY
AND THE ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondents.
ORDER OF THE BOARD (by J. Marlin):
On September 19, 1989, the Board received a letter from the
Waltonville Community Unit School District No. 1 (“Waltonville”)
objecting to the “removal of.. .resporident Consolidation Coal
Company’s coal preparation plant from the real estate rolls.”
On September 19, 1989 the Board also received a letter from the
Jefferson County Board of Review (“Jefferson County”) objecting
“to the total removal of the...coal preparation plant.”
The Board requests that Waltonville and Jefferson County
inform the Board whether their letters are intended to be
petitions to revoke certification of the coal preparation plant
as a pollution control facility pursuant to Ill. Rev. Stat., oh.
120, Section 502(a)(c) et
Additionally, the Board orders the parties to brief the
issue of the Board’s authority to entertain this petition at this
time. Specifically, the Board requests the parties to address:
1. Whether the petition is premised on some
particular action by a governmental
agency, when that action occurred, under
what authority the action occurred and
whether this petition is timely filed; and
2. Whether there are any other issues
affecting the Board’s jurisdiction to hear
this proceeding.
The parties shall file their initial brief with the Board no
later than October 20, 1989. Each party may file a reply brief
no later than October 27, 1989. The Board notes that it
1~3-~555
—2—
determined in Reed Custer v. Commonwealth Edison and IEPA, PCB
87—209, (February 25, 1988) that the Board could entertain a
third party petition and directs the parties to that opinion.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the Jbove Order was adopted on
the
c~2~.P
~—
day of
/~L-~I~4~~
,
1989, by a
voteof
~‘-°
.
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Dorothy My~t3unn, Clerk,
Illinois Pbllution Control Board
103-556