ILLINOIS POLLUTION CONTROL BOARD
    August
    3, 1995
    C
    &
    S RECYCLING,
    INC.,
    )
    Petitioner,
    )
    V.
    )
    PCB 95—100
    )
    (Permit Appeal
    —
    Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by G.
    P. Girard):
    On June 9,
    1995 C
    &
    S Recycling,
    Inc.
    (C&S)
    filed a document
    captioned “Appeal from denial of permit for a transfer station”,
    however the filing was titled “Petition for a Hearing and/or
    Variance”.
    By order of June 22,
    1995 the Board directed C&S to
    file an amended petition which clarified whether it was seeking
    variance relief pursuant to Section 35 of the Illinois
    Environmental Protection Act
    (Act)
    (415 ILCS 5/35)
    or variance
    from a statutory requirement in a permit appeal pursuant to
    Section 40 of the Act (415 ILCS 5/40),
    and which satisfied the
    informational requirements of 35
    Ill.
    Adm. Code 104 or 105
    respectively.
    Until an amended petition was filed,
    the Board
    treated this matter as a Section 40 permit appeal.
    C&S filed an Amended Petition For Permit Appeal and Request
    for Hearing on July 28,
    1995.
    The permit appeal refers to the
    Agency’s February 10,
    1995 denial of application of a permit for
    a municipal waste transfer station located in Chicago,
    Illinois.
    C&S’s Amended Petition For Permit Appeal satisfies the
    informational requirements of the Board’s procedural rules.
    (See
    35 Ill.
    Adm. Code 105.)
    However, the amended petition contains
    language that is inappropriate for a Section 40 permit appeal.
    Therefore on the Board’s own motion,
    it will strike paragraph 8,
    section
    1, which states that “Petitioner seeks a hearing before
    the Board based on the following grounds:
    Section 22.14,
    as
    amended, creates an arbitrary and unreasonable hardship upon
    Petitioner”.
    The arbitrary and unreasonable hardship standard is
    inapplicable to a Section 40 permit appeal, but rather applies to
    a Section 35 petition for variance.
    As explained more fully in
    the Board’s June 22,
    1995 order,
    the Board cannot grant a
    variance from a statutory requirement in a permit appeal pursuant
    to Section 40 of the Act (415 ILCS 5/40)
    and 35
    Ill.
    Adm. Code
    105.
    With this deletion, the Board hereby accepts petitioner’s
    Amended Petition for Permit Appeal and sets this matter for
    hearing.
    The Board’s 120 day statutory decision deadline was
    restarted with the filing of the amended permit appeal.
    Therefore absent any future waivers of the decision deadline,
    and
    —2—
    as explained in the Board’s June 22,
    1995 order, the Board’s
    statutory decision deadline is now November 25,
    1995; the Board
    meeting immediately preceding the due date is scheduled for
    November 16,
    1995.
    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 the assigned hearing
    officer consistent with this order.
    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.
    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 j~ Ill. Adm.
    Code 105.102) require
    ~
    Agency ~
    file ~g
    entire Agency record
    of the permit application within ~
    days ~
    notice ~
    petition.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, h~rebycertify t~t the above order was adopted on the
    !‘-~
    day of
    ____________________,
    1995, by a vote of
    0
    1
    L
    Dorothy N. q4in,
    Clerk
    Illinois PoUution Control Board

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