ILLINOIS POLLUTION CONTROL BOARD
    May 11,
    1989
    ALLIED-SIGNAL,
    INC.
    )
    Petitioner,
    v.
    )
    PCB 88—172
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Durnelle):
    This matter comes before the Board upon
    a May 1,
    1989,
    request
    by Mr. Mark Donham,
    representing
    the Association
    of
    Concerned Environmentalists
    (ACE),
    to declare
    the hearing
    of
    April
    20, 1989,
    invalid.
    In support
    of
    its request, ACE states
    that
    no public notice
    of the hearing was made and
    that ACE,
    an
    interested
    party,
    was not notified of
    the hearing until April
    18,
    1989.
    ACE states that
    it had previously expressed
    its concern
    about notification
    of hearings
    and,
    since
    it did not receive
    adequate notice, requests another hearing.
    On May 9, 1989,
    Allied—Signal,
    Inc.
    (Allied) filed
    a
    response
    to ACE’s request.
    Allied offers several arguments
    to
    support
    its position that ACE’s petition should
    be denied.
    However,
    none of Allied’s arguments address
    the applicability of
    Section 104.200 of
    the Board’s procedural Rules,
    35
    Ill. Adm.
    Code 104.200,
    to
    this matter.
    The Board believes that Section 104.200 applies
    and
    is
    dispositive
    of the matter.
    Section 104.200 states:
    Section 104.200
    Notice of Hearing
    a)
    The Hearing Officer, after appropriate
    consultation with the parties,
    shall
    set
    a time and place
    for hearing
    to be held
    within
    60 days of the filing of
    the
    petition.
    b)
    The Hearing Officer
    shall give notice
    of
    the hearing
    in accordance with Section
    103.123(b),
    at least
    21 days before
    the
    hearing
    to the petitioner,
    the Agency,
    and anyone who has
    filed an objection
    to
    the petition.
    99—23
    —2--
    c)
    The clerk
    shall publish the time and
    place of the
    hearing
    in the
    Board’s
    Environmental Register in the first
    publication of the Environmental Register
    after the Hearing Officer shall have set
    the date
    for
    hearing.
    Although the provisions
    of subsection
    (c) were met
    as Allied
    argues,
    the provisions of subsection
    (b)
    clearly were not.
    There
    is no question but that ACE
    is
    an objector
    to this variance
    request; ACE
    filed
    its objection on November
    14, 1988.
    Section
    103.123(b), cited above,
    states
    in pertinent part:
    b)
    After notice and
    complaint,
    all
    pleadings,
    motions,
    and discovery notices
    and
    all
    other notices shall
    be served
    personally or
    by First Class United
    States mail,
    and
    10 copies of pleadings
    motions shall be
    filed with the Clerk
    with proof of service.
    Two copies
    of any
    discovery motion, disposition,
    interrogatories,
    answer
    to
    interrogatories, or subpoena shall
    be
    filed with the Clerk with proof
    of
    service.
    (emphasis added).
    There
    is no evidence that the Hearing Officer provided notice
    to
    ACE
    in accordance with Section
    103.123(b),
    at least
    21 days
    before hearing.
    Therefore,
    an additional hearing must be
    scheduled and proper notice
    thereof must be given
    to all
    objectors.
    To this extent,
    ACE’s request
    is granted.
    However,
    the Board
    is not
    inclined to declare the previous hearing
    invalid.
    The Board
    sees no reason
    to repeat what has already
    been accomplished.
    As transcripts of
    that hearing will be
    available,
    ACE will be afforded ample opportunity
    to prepare
    questions
    of the witnesses that testified at that hearing
    as
    well
    as present testimony and evidence of its own.
    The Board notes
    that
    this will
    of necessity require the attendance of
    those who
    testified at the previous hearing
    so as
    to afford
    the opportunity
    for cross—examination.
    The Hearing Officer
    is therefore directed
    to secure the attendance
    of any and all past witnesses.
    ACE’s motion
    is,
    therefore, granted
    in part and denied
    in
    part.
    IT
    IS SO ORDERED.
    99—24
    —3—
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, herebycertify that the above Order was adopted
    on
    the
    ______________
    day
    of
    ____________,
    1989
    by a vote
    of
    7c’
    ~
    ~,
    Dorothy M. ~1i~tn,Clerk
    Illinois Po~!lutionControl Board
    99—2~

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