ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

WESTERN LION LIMITED,

)

)

Petitioner,

v.

)

PCB 94—332

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER

OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on Western Lion Limited’s

(Western Lion) December 22, 1994 motion for leave to file limited

copies. Respondent Illinois Environmental Protection Agency

(Agency) has not responded to the motion. Western Lion seeks

leave to file limited copies of Exhibit B of its petition for

review. Exhibit B is a copy of the application for significant

modification permit, which is the subject of this permit appeal.

Western Lion states that the application is voluminous, and notes

that the Agency has the duty of filing its Agency record with the

Board, which will include the application. Thus, Western Lion

asks to be relieved of the requirement of filing the original and

nine copies. (35 Ill. Adm. Code 101.103(a).)

The motion for leave to file limited copies is granted. The

Board will be furnished with sufficient copies of the application

in the Agency record. Thus, Western Lion need not file any

additional copies, beyond the copy already filed with its

petition for review.

We note that on December 1, 1994, we issued an order

directing Western Lion to file an amended petition, curing the

deficiency of an insufficient number of copies of Exhibit B.

Because we have granted the motion to file limited copies, we

will construe the motion as the amended petition. As we stated

in that December 1 order, the Board’s decision timeclock

restarted on the date of the filing of the amended petition,

which was December 22, 1994.

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 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

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2

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 April

20, 1995 (120 days from December 22, 1994); there is a Board

meeting scheduled on that date.

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. Adin. Code 105.102) require the Agency to file the entire

Agency record of the permit application within 14 days of notice

of the petition.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cer~ fy that the above order was adopted on the

//~7~

day of

________________,

1995, by a vote of ~

~

~U.

Dorothy M. ~G)~nn,Clerk

Illinois Pdl’lution Control Board