SAJSJSNUSS MU.La.LUX.LUN LUFJTICL)LJ bUAKL)

June 15, 1995

COMMUNITY LANDFILL CORPORATION,

)

Petitioner,

v.

)

PCB 95—137

)

(Variance—Land)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (J. Theodore Meyer):

This matter is before the Board regarding two written

objections to the variance requested in this case.

Community Landfill Corporation (CLC) filed its Petition for

Variance on April 26, 1995, requesting a 12—month variance

from

35 Ill. Adm. Code 814.104(c) which sets forth the filing deadline

for application for significant modification to existing unit

permits. CLC’s petition contained a waiver of hearing request

(Pet. at p.12.) The Illinois Environmental Protection Agency

(Agency) published notice of the petition on May 17 1995, and

filed its recommendation on May 30, 1995. CLC filed its response

on June 6, 1995.

On June 7, 1995, the Board received an unsigned letter which

objected to the granting of the requested variance in this

matter. The Board also received a written objection to the

variance and a request for hearing from Jean Ann Robinson on

behalf of the Grundy County Office of Solid Waste Management.

The Board notes that this letter was sent by certified mail on

June 6, 1995, but was not received until June 13, 1995.

section 37(a) of the Illinois Environmental Protection Act

(Act) states:

“If the Board, in its discretion, concludes that a

hearing would be advisable, or if the Agency or any

other person files a written objection to the grant of

such variance within 21 days, together with a written

request for hearing, then a hearing shall be held...”

(415 ILCS 5.37(a) (1992).)

Although the letter filed on June 7, 1995 contained a

written objection to the variance in this matter, it did not

contain a written request for hearing. Therefore, the Board will

accept this letter as a public

comment under Section

104.183

of

the Act. (35 Ill. Adm. Code 104.183 (1994).)

The June 13, 1995 letter of objection from Jean Ann Robinson

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2

did contain a written request for a hearing, and since it was

mailed before the 21—day period, this matter is set for hearing.

However, the Board is also bound by the 120-day decision

deadline, which, in this case, is August 18, 1995. Absent a

waiver of the decision deadline in this case, all parties should

be aware of the tight timeline in this case.

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

Chief Hearing Officer shall assign a hearing officer to conduct

hearings. The Clerk of the Board, shall promptly issue

appropriate directions to the assigned hearing officer consistent

with this order.

The assigned hearing officer shall infon 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 August

24, 1995; the Board meeting immediately preceding the due date is

scheduled for August 17, 1995.

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. Pursuant to Board rules (35 Ill.

Adm. Code 104.180) the Agency filed its recommendation that the

petition be denied.

IT IS SO ORDERED.

-

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

Boar,~., hereby certifl that the above order was adopted o~the

/b~

day of

_____________,

1995, by a vote7of

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~

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Dorothy r~’/Gunn, Clerk

Illinois t~9bllution Control Board