ILLINOIS POLLUTION CONTROL BOARD
July
7,
1995
WEST SUBURBAN RECYCLING
)
and ENERGY CENTER,
)
)
Petitioner,
)
PCB 95—119
V.
)
(Permit Appeal-Land)
)
ILLTNOTS
ENVTRONT4RNPATJ
)
PCB
95-125
PROTECTION AGENCY,
)
(Permit Appeal-Air)
)
(Ninety—Day Extensions)
Respondent.
)
(Consolidated)
ORDER OF ThE BOARD:
By order of April
6,
1995, pursuant to P.A.
88-690, the
Board granted West Suburban Recycling and Energy Center
(West
Suburban) an extension of time through July 2,
1995 in which to
file
an
appeal of the February
10,
1995 Illinois Environmental
Protection Agency (Agency) denial of its permit applications.
On
July 3,
1995, West Suburban,
filed two petitions for permit
review.
These appeals were docketed as PCB 95-119 and PCB
95-
125,
PCB 95-119 and 95-125 each involve West Suburban’s proposed
resource recovery facility located on portions of a 36—acre site
in the Villages of Summit and McCook, Cook County Illinois.
PCB
95-119 involves the Agency February 27, 1995 denial a solid waste
management development permit, while PCB 95-125 involves the
simultaneous denial of an air quality construction permit.
As
the permit appeals involve the same site,
and petitioner has
waived the decision deadline in each case up to December 8,
1995,
the Board on its own motion consolidates these cases in the
interest if administration economy.
These matters are 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.
Adm. 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
I
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.
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 Aciency to file the entire Agency record
of the permit application within 14 days of notice of the
petition.
This order will not appear in the Board’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby qeTtify that the above order was adopted on the
____
day of
__________________
,
1995,
by a vote of
7°
~
4~’
___
‘~‘DorothyM. c~n, Clerk
Illinois PotJ/ution Control Board