ILLINOIS POLLUTION CONTROL BOARD
    April
    13,
    1995
    THE JOINT PETITION OF
    )
    THE ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY
    AND
    THE
    )
    AS 95-3
    CITY OF METROPOLIS FOR AN
    )
    (Adjusted Standard-Water)
    ADJUSTED
    STANDARD
    FROM
    35
    )
    ILL.
    ADM.
    CODE
    PART
    304
    FOR
    )
    SUSPENDED
    SOLIDS,
    5-DAY
    )
    BIOLOGICAL OXYGEN DEMAND
    )
    (BOD5)
    AND
    AMMONIA NITROGEN
    )
    ORDER OF THE BOARD
    (by J. Yi):
    On March 23,
    1995, the Illinois Environmental Protection
    Agency and City of Metropolis filed a joint petition for adjusted
    standard accompanied by a motion to incorporate and a motion for
    waiver of the filing requirements.
    The petitioners are
    requesting that pursuant to 5 Ill. Adm. Code 101.106 the Board
    incorporate into the present proceeding Exhibits A through V
    filed in AS
    94-l7.~
    The petitioners are also requesting that the
    Board waive the filing requirement of
    35
    Ill. Adm. Code 101.106
    which requires that four copies of the material to be
    incorporated be filed with the motion to incorporate.
    The Board grants the motion to incorporate and waiver of the
    filing requirement.
    The Exhibits A through V to the petition
    from AS 94-17 shall be incorporated into AS 95-3.
    Pursuant to 35
    Ill.
    Adm. Code 106.711, petitioner is
    required to publish notice of the filing of the petition in a
    newspaper of general circulation in the area likely to be
    affected.
    A certificate of publication shall be filed with the
    Board within 30 days of the filing of the petition.
    (35 Ill.
    Adm. Code 106.712.)
    Petitioners filed a certificate of notice
    with the Board on April
    10,
    1995, demonstrating that the
    publication took place on March 29,
    1995.
    Petitioner has requested a hearing in this matter.
    (Pet.
    at
    18.)
    The Board accepts the petition for hearing.
    This is a type
    ‘There were two prior proceedings before the Board
    concerning this matter.
    The first, AS 94-17, was dismissed on
    January 11,
    1995 as petitioners’ notice had not been published
    pursuant to Section 28.1 of the Act.
    The second, AS 95-2, was
    dismissed on March
    16,
    1995 as petitioners’ notice was published
    late pursuant to Section 28.1 of the Act.
    Petitioners motion to
    incorporate is requesting the Board to incorporate the filings of
    AS 94-17 the original filing in this matter.
    of case for which the Act prescribes no deadline for decision,
    although as noted the Act requires the petitioner to timely
    pursue disposition of the petition.
    Therefore,
    hearing must be
    scheduled and completed in a timely manner, consistent with Board
    practices and
    35
    Ill. Adm. Code Part 101 and Part 106, subpart
    G.
    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 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.
    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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the above order was adopted on the
    ~
    day of
    __________________,
    1995,
    by a vote of
    ~
    (7
    ~
    ~
    /~,
    ~
    Dorothy
    M. ~
    Clerk
    Illinois Po~L1utionControl Board

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