ILLINOIS POLLUTION CONTROL BOARD
August 3, 1995
CARL BALL and EDNA BALL,
)
d/b/a C & E RECYCLING and
)
RESOURCE RECOVERY,
)
)
Petitioners,
v.
)
PCB 96—14
)
(Variance-Land)
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD: (by G. T. Girard):
On July 24, 1995, Carl Ball and Edna Ball, d/b/a C & E
Recycling and Resource Recovery filed a petition for variance
regarding their facility located in Coles County, Illinois. This
matter is 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
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
November 21, 1995 (120 days from July 24, 1995); the Board
meeting immediately preceding the due date is scheduled for
Novemeber 16, 1995.
If after appropriate consultation with the parties, the
2
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 104.180) require the Agency to file its recommendation for
disposition of the petition within 30 days of filing of the
petition.
This order will not appear in the Board’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control1 ~
Board, hereby cert~y that the above order was adopted on the
____
day of _________________________
,
1995, by a v~e of
_____
Dorothy ~4Gunn, CI~erk
Illinois(3’ollution Control Board