ILLINOIS POLLUTION CONTROL BOARD
November 7, 1996
DAUBS LANDFILL, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-47
(Permit Appeal - Land)
ORDER OF THE BOARD (by C.A. Manning):
On November 6, 1996 Daubs Landfill filed a petition for review of permit regarding its
facility located in Wayne County, Illinois. This matter is accepted for hearing.
The hearing must be scheduled and completed in a timely manner. 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 scheduled 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 March 6, 1997 (120 days from November 6, 1996); a Board meeting is concurrently set
for the same date.
If after appropriate consultation with the parties, the parties fail to provide an
acceptable hearing date or if after an attempt the hearing 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. The Board notes that Board rules (35 Ill. Adm. Code 105.102) require
the Agency to file the entire Agency record of the permit application within 14 days of notice
of the petition.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board