ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1985
    M.I.G.INVESTMENTS and
    UNITED BANK OF ILLINOIS,
    )
    Petitioners,
    v.
    )
    PCB 85—60
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    INTERIM ORDER OF THE BOARD (by J.
    Anderson):
    The Board has received the Hearing Officer~sreport and
    submittal concerning
    the hearing held
    in this matter
    on July 9,
    1985.
    Several matters deserve mention.
    As this actual was filed on May 3,
    1985,
    the Board
    calculates
    the due date as being August
    1, 1985, rather
    than
    August
    3.
    However, petitioners have waived
    the due date through
    and until August
    15.
    (In the absence of this waiver,
    the
    briefing schedule es~ab1ishedat hearing would have been
    unacceptably tight.)
    The Agency record shall
    be filed
    no later
    than July 19 and
    shall
    be indexed and organized in such a manner
    as
    to be easily
    usable.
    The suggestion that
    the record would be
    filed
    no later
    than July 29
    is unacceptable.
    The Board presently does not have the hearing transcripc
    in
    this matter, and requests that the following issues be
    addressed
    in the briefs,
    if they have not been adequately
    addressed previously.
    The Agency places reliance on an unreported Order entered
    in
    Village of Antioch v. Carlson, et al., No.
    83
    CII 454.
    The record
    11i
    this matter as currently on file with the Board does not
    contain
    a procedural history of this action; the only materials
    from this case,
    as attached to MIG’s petition,
    are
    an injunction
    Order
    entered April
    23,
    1984, apparently accepting
    a stipulation
    binding on Waste Management and a May 9,
    1984,
    injunction Order
    binding on the Agency.
    The Board wishes to be more fully advised
    of
    the premises of
    this action,
    including appeal history,
    if
    any.
    The Board also wishes
    a legal analysis made concerning
    the
    scope
    and effect, particularly of the May 9,
    1984, Circuit
    Court’s Order,
    and citation of any precedents supporting
    the
    interpretation.
    65-67
    —2—
    The briefs shall also
    recite the prior permit history of
    this site insofar
    as
    it relates to permits authorizing
    construction or development of the site directly relating
    to
    waste disposal activities,
    as distinguished from related
    activities
    at the site,
    such as groundwater monitoring
    or post—
    closure care.
    In so doing, citation shall be made
    to the
    applicable portions of the Agency record.
    IT
    IS
    SO ORDERED
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hftreby certify that the above Order was adopted on
    the
    /j~~day of _______________________,
    1985, by a vote
    of
    7.0
    •
    I
    ~
    ____________
    Dorothy ~
    Clerk
    Illinois Pollution Control Board
    85-88

    Back to top