ILLINOIS POLLUTION CONTROL BOARD

February

3,

1994

GLENBARD WASTEWATER AUTHORITY,

)

Petitioner,

v.

)

PCB 93—260

(Variance)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

E. Dunham):

On December 22,

1993, Glenbard Wastewater Authority

(Glenbard)

filed a petition for variance regarding its facility

in Glen Ellyn, Illinois.

In an order dated January

6,

1994,

the

Board noted several deficiencies in the petition as filed and

directed Glenbard to file an amended petition to correct the

deficiencies.

On January 28,

1994,

Glenbard filed the additional

information as requested by the Board’s order.

Glenbard also

filed a waiver of the hearing requirement.

However, Glenbard did

not include a proof of service with the filing to show that the

amended petition was served on the Environmental Protection

Agency.

The Board reminds Glenbard that a proof of service

should be included in all filings.

(See 35 Ill. Adm. Code 101.143

and Appendix E of part 101.)

On January 31,

1994,

the Board received an objection to the

petition for variance.

Therefore,

a hearing must be held on the

petition.

The Board accepts this matter 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

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2

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.

In this case, the statutory

decision deadline is Nay 28,

1994; therefore the decision due

date is May 19,

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

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 104.180) require the Agency to file its recommendation for

disposition of the petition within 30 days of filing of the

petition.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

~

hereby cer~4ythat the above order was adopted on the

_____

day of

___________________,

1994,

by a vote of

7

C

Dorothy M. ,Gunn,

Clerk

Illinois Ppllution Control Board