ILLINOIS POLLUTION CONTROL BOARD
    February 15,
    1996
    VILLAGE OF OSWEGO,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB
    96-154
    )
    (Variance
    -
    Public Water Supply)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. McFa~wi):
    This matter is before the Board
    on a January
    8,
    1996 petitionfor variance filed by the
    Village ofOswego (Oswego).
    The petition included awaiver of hearing, with supporting
    affidavit.
    Oswego seeks a variance from 35 Ill. Adm.
    Code 602.105, “Standards for Issuance,”
    and
    from
    35 Ill. Adm. Code 602.106(b), “Restricted Status,” but only to the extent those rules
    involve 35 Ill. Adm. Code 604.301(a), which establishes standards for combined radiuni-226 and
    radium-228.
    Oswego had previously been granted avariance from these requirements by Board
    order dated October 10,
    1991; however,that variance expired on October
    10,
    1995.
    The Board has received several letters objecting to the grant of the variance, including the
    following: aletter dated January
    25,
    1996 from Mark and Susan Hauser, as well as a letter dated
    January 29,
    1996 from them specifically requesting a hearing; aletter dated January 26,
    1996
    from Elizabeth Summers; a letter dated January 26,
    1996 from Bonnie A. Pinnow; a letter dated
    January 27,
    1996 from Lawrence F. Rybicki; and a letter dated January 30,
    1996 from Donna L.
    Scheele.
    Section
    104.141(a) of the Board’s procedural rules provides:
    Any person may file with the Clerk, within 21 days after the filing of the petition, a
    written objectionto the grant ofthe variance.
    Such objection may or may not be
    accompanied by a petition to intervene in accordance with Section 103.220.
    A copy of
    such objection shall be mailed to the petitioner and the Agency by the Clerk.
    (35
    111. Adim Code 104J41(a))
    Because an objection and request for hearing was timely filed, the Board accepts this
    matter forhearing.
    The hearing must be
    scheduledand 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 ofthe statutory decision deadline pursuant to
    2
    35
    Iii. Adm. Code
    101.105).
    A hearing officer shall be assigned to conduct hearings.
    The Clerk
    of the Board shall promptly issue appropriate directions to the assignedhearing officer consistent
    with this order.
    The assigned hearing officer shall inform the Clerk of the Board as soon as possible of
    the time and location of the hearing since the public notice ofhearing must be published at least
    21
    days in advance thereof
    After hearing, the hearing officer shall submit an exhibit list, a
    statement regarding credibility ofwitnesses 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
    laterthan 30 days prior to the decision due date, which is the final
    regularly scheduled Boardmeeting date on or before the statutoryor deferred decision deadline.
    Absent any future waivers of the decision deadline, the statutory decision deadline is nowMay 7,
    1996; the Boardmeeting immediately preceding the due date is scheduled forMay 2, 1996.
    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 ahearing date in conformance with the schedule above.
    The
    hearing officer and the parties are encouraged to expedite this proceeding as much as possible.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the 11linoj~,Po11utionControl Board, hereby certify that the
    above order was adopted on the
    J5121day of
    ,
    1996, by a vote of
    7-0
    Dorothy M. Sltfrn, Clerk
    Illinois Polliitton Control Board

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