ILLINOIS POLLUTION CONTROL BOARD
June
29, 1995
ILLINOIS LANDFILL,
INC.,
)
Petitioner,
v.
)
PCB 95—162
(Variance—Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by J. Theodore Meyer):
On June
5,
1995, Illinoic Landfill,
Inc. filed a petition
for variance from 35 Ill.
Adin.
Code 814.104(c) and waiver for
right to a public hearing regarding
its
facility located in
Hoopeston,
Vermilion County,
Illinois.
On June 23,
1995,
Richard J. Doyle on behalf of C.A.R.E. and the Hoopeston
Conununity Hospital filed a objection to the wavier of hearing.
This matter is accepted for hearing.
The hearing must be scheduled and completed in a timely
manner, consistent with Board practices and the applicable
statutory decision deadline, or the decision deadline as extended
by a waiver (petitioner may file a waiver of the statutory
decision deadline pursuant to
35 Ill.
Adiu. Code 101.105).
The
Board will assign a hearing officer to conduct hearings
consistent with this order, and the Clerk of the Board shall
promptly issue appropriate directions to that assigned hearing
officer.
The assigned hearing officer shall inform the Clerk of the
Board of the time and location Of the hearing at least 40 days in
advance of hearing so that public notice of hearing may be
published.
After hearing, the hearing officer shall submit an
exhibit list,
a statement regarding credibility of witnesses and
all actual exhibits to the Board within five days of the hearing.
Any briefing schedule shall provide for final filings as
expeditiously as possible and,
in time-limited cases, no later
than 30 days prior to the decision due date, which is the final
regularly sctieduled Board meeting date on or before the statutory
or deferred decision deadline.
Absent any future waivers of the
decision deadline, the statutory decision deadline is now October
3,
1995
(120
days
from
June
5,
1995),
the
Board
meeting
immediately preceding the due date is scheduled for September 21,
1995.
If after appropriate consultation with the parties, the
parties fail to provide an acceptable hearing date or if after an
attempt the bearing 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.
Thig
order will not appear in the ~oard’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby cert±tvthat the above order was adopted on the
~
day of
,
1995, by a
vo~e
of ~~/O
I
,
Clerk
lution Control Board