ILLINOIS POLLUTION CONTROL

BOARD

February

1,

1996

WEST SUBURBAN RECYCLING

AND

ENERGY CENTER,

L.P.,

Petitioner,

v.

)

PCB 96—155,

96-156

Consolidated

(Pernit Appeal

-

Land

&

Air)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by R.C.

Flemal):

On January 23,

1996 the Illinois Environmental Protection

Agency

(Agency) filed

a Motion for Extension of Time to File the

AdministrativeRecord with reqards

to PCB 96-155 and PCB 96-156.

On January 25,

1996 West Suburban Recycling and Energy Center,

L.P.

(West Suburban)

filed an objection to the Agency’s motion.

West Suburban filed the instant petitions

for review of

denial of air quality construction permit and denial of solid

waste development permit with the Board on January

8,

1996.

The

Agency has not indicated when it received the petition.

Pursuant

to Board procedural rule 105.102 (a) (4), the Agency was required

to file the entire Agency record of the permit application with

the Board within

14 days of notice of the petition.

(35 Ill.

Acim.

Code 105.102 (a) (4).)

The Agency record was therefore due on

January 22,

1996.

The Agency requests an extension to file the record until

after the statutory decision deadline in the consolidated appeals

of PCB 95—119

and PCB 95—125.’

The current statutory

decision

date in PCB 95-119 and PCB 95-125

is March 29,

1996.

Hearing

will be held for PCB 95-119 and PCB 95-125 on February

9,

1996,

with the strong likelihood of additional hearings.

The Board’s statutory decision due date for the instant

permit appeals,

PCB 96-155 and PCB 96-156,

is May

7,

1996.

No

hearing has yet been set in these matters.

1

Consolidated PCB 95-119 and PCB 95-125 are also permit appeals

filed by West Suburban for review of denial of air quality

construction permit and denial of solid waste development permit.

---

2

West Suburban objects to granting the Agency any additional

time to file the record in the instant proceeding.

West Suburban

states that anything less than the full time period anticipated

by Board regulation is entirely inappropriate and would deny it

due process.

In consideration of the similarity of these pernit appeals

and the Board’s decision deadlines,

the Board will allow the

Agency additional time to file the record.

The Board notes that

the Agency record must include the application,

correspondence

with the applicant,

and the denial letter as set forth in 35

Ill.

Adm.

Code 105.102 (a) (4),

all of which West Suburban should

currently have in its possession.

However, the Board realizes

the Agency record may include additional information which West

Suburban may not currently have in its possession and upon which

West

Suburban may rely at hearing.

Nevertheless,

the Board cannot grant the Agency until March

29th to file the Agency record without

a waiver of the Board’s

decision deadline

in PCB 96-155 and PCB 96-156.

As West Suburban

has indicated,

the Board must allow sufficient

time

for West

Suburban to review the Agency record prior to hearing.

Likewise,

the Board must allow time

for scheduling and conduct of

the

hearing,

the possible need

for subsequent

filings,

and Board

deliberation on the matters.

Therefore,

the Board hereby grants

the Agency’s Motion for Extension of Time

to File

the

Administrative Record in PCB 96-155 and PCB 96-156 until February

22,

1996.

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify~hat the above order was adopted on the

/

-‘~~

day of ______________________,

1996,

by

a

voLe

of

C

~.

.

Dorothy M.

Gj4i,t~,

Clerk

Illinois PolQ~/tionControl Board