ILLINOIS POLLUTION CONTROL BOARD
    February 1, 1996
    THF BELLEVILLEDEVELOPMENT L.P.,
    )
    )
    Petitioner,
    )
    )
    PCB 96-99
    v.
    )
    (Permit Appeal-Water)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Yi):
    On November 3, 1995, THF Belleville Development, L.P., Inc. (THF Development) filed
    a petition for review ofa permit regarding its facility, located in Belleville, St. Clair County,
    Illinois. THF Developmentis appealing a condition of its permit which would require carbon
    treatment ofthe discharge from its “SVE system”, which it operatespursuant to the illinois Pie
    Notice Site Cleanup Program, to the city sewer. (Petition at 1.) On November 7,
    1995,
    THF
    Development filed an amended petition which included two attachments. THF Development
    stated that it filedthe amended petition because it failed to include two attachments with its
    November 3, 1995
    National
    Pollution Discharge Elimination System ~NPDES)permit appeal.
    (Amend. Pet. at 1.) The Agency on November 13, 1995 filed a motion to dismiss the permit
    appeal for failing to provide the necessary information in its petition pursuant to the Board’s
    procedural rule at 35 Ill. Adm. Code
    105.
    102(a)(2).
    In our order dated November 16, 1995 we deniedthe Agency’s motion and directed THF
    Development to tile another amended petition on orbefore January 19, 1996. Such amended
    petition was to address certain informational requirements as stated in that order. We also stated
    that failure to file an amended petition, or any other appropriate motion, will cause this matterto
    be dismissed. On January 19, 1996, THF Development filed an amended petition addressing the
    informational deficiencies discussed in the previous order in this matter. Therefore this matter is
    accepted and is set 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 ofthe statutory decision deadline pursuant to 35 III. Adm.
    Code 101.105). The Board will assign a hearing officer to conduct hearings consistent with this
    order, and the Clerk ofthe Board shall promptly issue appropriate directions to that assigned
    bearing officer.
    2
    The assigned hearing officer shall inform the Clerk ofthe Board ofthe time and location
    ofthe hearing at least 40 days in advance ofhearing so that public notice ofhearing may be
    published. After hearing, the hearing officer shall submit an exhibit list, a statement regarding
    credibility ofwitnesses and all actual exhibits to the Board within five days ofthe hearing. My
    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 dateon or before the statutory or deferred decision deadline. Absent any future
    waivers ofthe decision deadline, the statutory decision deadlineis now May 18, 1996 (120 days
    from January 19, 1996); the Board meeting immediately preceding the decision deadline is
    scheduled for May 16, 1996.
    Ifafter appropriate consultation with the parties, the parties fail to provide an acceptable
    hearingdate or if after an attempt the hearing officer is unable to consult with the parties, the
    hearingofficer shall unilaterally set a hearing date in conformance with the schedule above. The
    hearingofficer and the parties are encouraged to expedite this proceeding as much as possible.
    The Board notes that Board rules
    (35
    Ill. Adm. Code 105.102) require the Agency to file the
    entire Agency record ofthe permit application within 14 days ofnotice ofthe petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk ofthe Illinois ollution Control Board, hereby certify that the
    above order was adopted on the
    /‘c~’~
    day of
    ,
    1996, by a vote of ~
    4h,
    /~Cr~
    Dorothy M. Ø,~nn, Clerk
    Illinois Polldtt’on Control Board

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