ILLINOIS
POLLUTION
CONTROL
BOARD
February
9,
1984
VILLAGE
OF
LOMBARD,
)
)
Petitioner,
)
v.
)
PCB
83—147
)
ILLINOIS
ENVIRONMENTAL
PROTECTION
)
AGENCY,
)
)
Respondent.
Order
of
the
Board
(by
B.
Forcade):
This
matter
comes
before
the
Board
upon
a
February
6,
1984,
Motion
for
Supplemental
Hearing
filed
by
the
Illinois
Environmental Protection Agency
(‘Agency”).
On October
3,
1983, the Village of Lombard (“Lombard”)
filed a variance petition requesting relief from 35 Ill.
Adm. Code 309.241(a). On November 4, 1983, the Agency filed
a recommendation
that
variance
be granted subject to certain
conditions.
Hearing
was
held
on
December
7,
1983, and the
record closed on January 24,
1984.
Lombard, in support of its variance petition in this
proceeding, has alleged economic hardship if the variance is
not granted, and tied that hardship closely to the closing
of
Henderson’s
Department
Store,
which
occurred at the
end
of July or the first of August, 1983
(T. 118).
According to
the Motion for Supplemental Hearing, the Agency has
discovered new evidence which by due diligence could not
have been discovered in time for the hearing, namely that
the site of Henderson’s Department Store has been leased
long-term by Long’s of Lombard.
The lease
was
signed
January
9, 1984,
five
days after the record closed.
The Agency requests a supplemental hearing for the
following reasons:
1.
To incorporate newly discovered evidence into
the record of this proceeding.
2.
A supplemental hearing would avoid the necessity
of seeking relief from 35 Ill. Mm. Code Section
103.224 Final Orders pursuant to Section 103.241
(b)(1) or
(2).
56153
3.
The hearing
is required to ensure development of
a clear and complete record and
is
required by
justice,
35 Ill, Adm. Code Section 103.200.
On February
8,
1984,
Lombard
indicated
that they intend
to
file
a
response
to
the
Motion
for
Supplemental
Hearing,
and
that
they
plan
to
strictly
adhere
to
the
time period
prescribed
by
Sections
103,123(c)
and
103,140(c).
This
allows
Lombard
until
February
14,
1984,
to
respond. The next
regular
Board
meeting
at
which
the
matter
could be
considered is February
22,
1984,
Due
to
the
90—day
statutory
deadline,
which Lombard
refuses
to
waive,
the
decision
is
due
March
15,
1984.
If the
Board
waits
for
Petitioner~s
response
to
this motion it will
leave
only
14 days to
hold
any
hearing
that
might be
granted, receive the transcripts,
and decide the
case.
in view of the very real time constraints placed on the
Board
in this matter,
the Board will
order
an
additional
hearing be held without the benefits of Petitioner~sresponse
to the Request for Additional Hearing.
The Board will order
this hearing
to be held before February 23,
1984 and allow
final briefs,
if
any,
to be filed before February 27,
1984.
Petitioner may address any concerns regarding this additional
hearing in the final brief.
All filings,
including trans-
cripts are to
be filed with the Clerk of the Board not
later
than February 27,
1984,
The Illinois Environmental Protection Agency~sMotion
for
Supplemental Hearing
is hereby granted subject to the
following conditions:
1.
The hearing
is to be held before February
23,
1984,
and,
is limited to issues relevant to the
new leasing of the site of Henderson~sDepartment
Store in downtown Lombard,
including any information
regarding,
(1) adverse environmental
impact on the
sewer system created by the leasing of the store
and,
(2) how the lease of the store affects the
alleged economic hardship which Lombard claims
is
exacerbated by Restricted Status.
2.
All
filings with the Illinois Pollution Control
Board of new information must be completed no
later than February 27,
1984.
IT IS SO ORDERED.
Board
Member
J.
Dumelle
concurred.
56-154
3
I,
Christan L~Moffett,
Clerk o~the
Illinois
Pollution
Control Board, herej~certify that the above Order was
adopted
on
the
/~
day
of ?
1984 by a
vote of
Christan L~Moffett,
ler
/
Illinois Pollution Contro ~Board
56~-155