ILLINOIS POLLUTION CONTROL BOARD

February

7,

1991

IBP,

INC.,

Petitioner,

v.

)

PCB 88—98

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by B.

Forcade):

This matter comes before the Board on

a motion to file

instanter filed by the Illinois Environmental Protection Agency

(“Agency”)

on January 23,

1991.

Pursuant to the Board’s Order

of

December

20, 1990,

the Agency was to have filed, by January

18,

1991,

a statement

of what action,

if any,

is required to proceed

with this matter consistent with the mandate of the Third

District Appelate Court’s opinion entered on September

21,

1990

and received by the Board on October 19, 1990.

The Agency’s

motion to file instanter

is hereby granted.

The court’s modified opinion of November

30,

1990 reversed

and remanded the matter to the Board with instructions to the

Board to hold a de novo hearing,

specifically addressing the

stipulation entered by IEP,

Inc.

The Board denies the Agency’s

request that discovery and hearing be limited to the events and

facts detailed in the stipulation.

As the court stated in the

November

30,

1990 opinion, the Board’s procedures at

35 Ill. Adm.

Code 105.l02(b)(8) define the scope of review:

“The hearings before the Board shall

extend to all questions of law and fact

presented by the entire record.

The

Agency’s findings and conclusions on

questions of fact shall be prima facie

true and correct.

If the Agency’s

conclusions of the fact are disputed by

the party

or

if issues of fact are raised

in the review proceedings,

the Board may

make its own determination of

fact based

on the record.

If any party desires

to

introduce evidence before the Board with

respect to any disputed issue of fact,

the Board shall conduct a de novo hearing

and receive evidence with respect to such

issue of fact.”

35

Ill. Adm. Code

sectikon l05.102(b)(8).

Particular questions on the admissibility of evidence will

be ruled on at hearing by the hearing officer, consistent with

the Board’s procedural rules.

118—217

---

—2—

This matter

is accepted for hearing.

Due to funding

shortages, the Board cannot order this matter set for hearing

until July of 1991.

The Hearing Officer

is directed to schedule

this matter

for hearing as expeditiously as possible after

July 1, 1991 and to finish all hearings by August

2,

1991.

The

hearing officer

is also directed to set a briefing schedule,

which allows a reasonable time after the anticipated receipt of

the hearing transcripts by the parties.

IT IS SO ORDERED.

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board,~J~ereby

certify t)~tthe above Order was adopted on

the

7~-/_~

day of

_______________,

1991, by a vote

of

_________

I

ion Control Board

118—218