ILLINOIS POLLUTION CONTROL BOARD
    April
    26,
    1990
    CITIZENS UTILITIES COMPANY
    )
    OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 85—140
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter comes before the Board upon remand by the Illinois
    Appellate Court, Third Judicial District.
    (Citizens Utilities Co.
    of
    Illinois
    v.
    PCB,
    No.
    3—89—0203
    (January
    5,
    1990)
    .)
    The
    appellate court mandate issued on February 22,1990.
    On January
    5,
    1989,
    the Board entered an opinion and order
    upholding the Illinois Environmental Protection Agency’s
    (Agency)
    imposition
    of
    a condition
    in
    Citizens’
    NPDES
    permit.
    Citizens
    filed a petition for rehearing requesting that the Board consider
    evidence of portions of the record
    in a site—specific rulemaking
    then
    pending
    before
    the
    Board.
    Citizens
    asserted
    that
    this
    evidence tended to refute some of the Agency’s contentions which
    were
    accepted
    by
    the
    Board
    in
    upholding
    the
    Agency’s
    permit
    decision.
    The Board denied Citizens’
    motion for rehearing on the
    basis
    of the Board’s interpretation of the scope
    of Board review
    in a permit review.
    Citizens appealed.
    Relying on section 105.102(b)
    of the Board’s regulations, the
    appellate
    court
    held
    that
    the
    Board
    misconstrued
    its
    scope
    of
    review in a permit review and should have considered the evidence
    from the rulemaking.
    Therefore,
    the court remanded the matter to
    the Board
    “for a hearing consistent with requirements
    of the Act
    and section 105.102(b)
    ...
    •“
    Hearing must be scheduled within 14 days of the date of this
    order and completed within 60 days of the date of this order.
    The
    hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing as expeditiously as possible but at least
    40 days in advance of the hearing so that public notice of hearing
    may be published.
    After hearing, the hearing officer shall submit
    an exhibit list and all actual exhibits to the Board within
    5 days
    of the hearing.
    Any briefing schedule
    shall
    provide
    for
    final
    filings as expeditiously as possible and in no event later than 70
    110—335
    days from the date of this order.
    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.
    Within
    10 days of
    accepting this
    case,
    the hearing
    officer
    shall enter a Hearing Officer Scheduling Order governing completion
    of the record.
    The order shall set a date certain for each aspect
    of the case including:
    briefing schedule, hearing date, completion
    of
    discovery
    (if
    necessary)
    and
    prehearing
    conference
    (if
    necessary).
    The hearing Officer Schedule Order may be modified if
    necessary by entry of a complete new scheduling order.
    This order will not appear in the Board’s Opinion Volumes.
    IT IS SO ORDERED.
    I,
    Dorothy N. Gunn, Clerk of the Illinois Pollution Control Board,
    hereby certify that the above Order was adopted on the
    ~
    day of
    _________________
    ,
    1990,
    by a vote of
    7-C
    //
    -z
    / /
    )
    /
    /
    ~
    -
    ~--C-J
    /
    --
    /
    Dorothy M..~9unn,
    Clerk
    Illinois Pollution Control Board
    110—336

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