ILLINOIS POLLLUTION CONTROL BOARD
    October 19, 1983
    1~OWNOF OTTAWA,
    Petitioner,
    V.
    )
    PCB 83—135
    LASALLE COUNTY BOARD AND
    STATES LAND IMPROVEMENT
    )
    CORP.,
    Respondent.
    VILLAGE OF NAPLATE,
    Petitioner
    )
    V.
    )
    PCB 83—136
    LASALLE COUNTY BOARD AND
    )
    STATES LAND IMPROVEMENT
    CORP.,
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    Theodore Meyer)
    These cases were consolidated for purposes of hearing by
    the Board on September 23,
    1983.
    On October 13,
    1983 the
    Hearing Officer’s order establishing a briefing schedule
    in
    both matters was filed with the Board.
    That same order concluded
    that no hearings were to be set since it was agreed that hearings
    held previously had afforded the public sufficient opportunity
    to participate.
    Both of these cases are third party appeals brought pursuant
    to Section 40.1(b) of the Environmental Protection Act.
    That
    Section provides that the Board
    shall hear these petitions “in
    accordance with subsection
    (a)
    of this Section and its procedural
    rules governing denial appeals...”.
    Subsection
    (a)
    of Section 40.1
    provides that a petition for hearing be filed,
    that the Board
    notice the public hearing at least
    21 days prior to the date of
    hearing,
    and that the hearings be conducted in accordance with
    Sections 32 and 33(a)
    of the Act.
    54-265
    —2—
    The previous hearings referenced in the Hearing Officer’s
    order were held pursuant to Section 39.2,
    not as Board proceed-
    ings pursuant to Section 40.1.
    As such they did not satisfy
    that Section’s mandate or the intent of the Act as a whole
    which is to provide public access to the Board’s proceedings.
    (c.f. Waste Management,
    Inc.
    v. Board of Supervisors
    of Tazwell
    County,
    47 PCB 275
    (PCB 82—55, June
    10,
    1982)1.
    The hearing
    officer
    is therefore directed to hold a public hearing on these
    consolidated cases as soon as possible.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control B2ard, hereby ce tfy that the above Order was a~opted
    on the
    IT”
    day of
    ______________-,
    1983 by a vote of ~S
    C
    ~ristnL.Mof~t~c1erk~
    Illinois Pollution Control Board
    54-266

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