ILLINOIS POLLUTION CONTROL BOARD
March
9,
1995
MEDICAL DISPOSAL,
)
SERVICES,
INC.,
Petitioner,
v
)
PCB 95—75
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
MEDICAL DISPOSAL,
SERVICES,
INC.,
Petitioner,
V.
)
PCB 95-76
(Permit Appeal—Medical Waste)
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD:
On March
3,
1995,
in PCB 95-75, Medical Disposal Services,
Inc.
filed a petition for review of an Illinois Environmental
Protection Agency
(Agency)
denial of its application for an air
permit for the construction of a medical waste treatment
facility.
The final determination concerns Medical Disposal
Services, Inc. ‘s facility located at 16565 Center Avenue,
Harvey,
Cook County,
Illinois.
This matter is accepted for hearing.
On March
3,
1995,
in PCB 95-76, Medical Disposal Services,
Inc. filed a petition for review of an Illinois Environmental
Protection Agency
(Agency) denial of its application for a
development permit
(land)
for the construction of
a medical waste
treatment facility.
The final determination concerns Medical
Disposal Services, Inc.’s facility located at 16565 Center
Avenue, Harvey, Cook County, Illinois.
This matter is accepted
for hearing.
On March
3,
1995, Medical Disposal Services also filed a
motion to consolidate these cases which involve the same site.
The Board grants the motion.
The hearing must be scheduled and completed in a timely
manner,
consistent with Board practices and the applicable
2
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 July
1,
1995
(120 days from March
3,
1995); the Board meeting immediately
preceding the decision deadline is scheduled for June 15,
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.
The Board notes that Board rules
(35 Ill.
Adm.
Code 105.102) require the A~encvto file the entire Agency record
of the permit application within
14 days of notice of the
petition.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
B ar
,
hereby certify that the above order was adopted on the
____
day of
~ 1995,
by a vote of
________
Dorothy
M.
,G,xinn,
Clerk
Illinois Pôjlution Control Board