ILLINOIS POLLUTION CONTROL BOARD

September 21, 1995

IN THE MATTER OF:

)

)

PETITION OF WESTERN LION

)

LIMITED FOR AN ADJUSTED

)

STANDARD FROM 35 ILL. ADM.

)

AS 96-2

CODE 814, SUBPART C

)

(Adjusted Standard - Air)

ORDER OF THE BOARD (by R.C. Flemal):

On July 31, 1995, Western Lion Limited filed a petition

for adjusted standard from 35 Ill. Adm Code 814, Subpart C.

Pursuant to the Illinois Environmental Protection Act, Section

28.1(d)(1), and the Board's procedural rules at 35 Ill. Adm.

Code 106.711, petitioner was required to publish notice within

14 days after the filing of the petition, in a newspaper of

general circulation in the area likely to be affected. Such

notice included the nature of the relief sought and advisement

that any person has the right to request a hearing within 21

days of the publication of the notice. (415 ILCS 5/28.1(d)(1)

(1994).)

Petitioner published notice in the Mattoon Journal

Gazette and Charleston Times-Courier, two newspapers in the

County where petitioner is located. The notices were

published on August 14th and August 21st respectively.

On September 5, 1995 the Board received an objection to

the grant of the adjusted standard from Louis M. Christen,

Chairman, Coles County Responsible Land Use Now. On September

11, 1995 Carl and Edna Ball, adjacent property owners to

Western Lion Limited, filed an objection to the grant of the

requested adjusted standard. Also on September 11, 1995 Louis

M. Christen filed another objection with the Board, at which

time he requested a public hearing. (See 415 ILCS

5/28.1(d)(2) (1994) and 35 Ill. Adm. Code 106.713.) This

request for hearing was received 21 days after the August 21st

filing in the Charleston Times-Courier.

Based on these facts, the Board determines that a public

hearing is appropriate. Pursuant to Section 28.1(d)(2) of the

Act, the Board has the authority to call a public hearing

whenever in its discretion it determines that a hearing would

be advisable. The Board finds that a public hearing in this

matter is advisable and accordingly sets this matter for

public hearing.

Interested persons are advised that this public hearing

is for the sole and narrow purpose of obtaining testimony on

the merits of Western Lion Limited's request for an adjusted

standard from the Board's closure standards for existing

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landfills accepting chemical or putrescible waste initiating

closure subsequent to September 18, 1997. The hearing officer

is instructed to bar testimony on any issues not relevant to

this adjusted standard request. (See 35 Ill. Adm. Code

103.203.)

The hearing must be scheduled and completed in a timely

manner, and will be conducted in accordance with the Board

procedural rules at Section 106.801. (35 Ill. Adm. Code

106.801.) 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

hearing officer.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution

Control Board hereby certify that the above order was adopted

on the

day of , 1995, by a vote of

.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board