ILLINOIS POLLUTION CONTROL BOARD
March 16, 1995
WESTERN LION LIMITED,
)
Petitioner,
)
v.
)
PCB 94—332
)
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by C.A. Manning):
This matter is before the Board pursuant to a request from
the parties to enter a scheduling order in this case. On
November 22, 1994, Western Lion Limited (Western Lion) filed a
petition for a permit review with the Board and on January 18,
1995, the Illinois Environmental Protection Agency (Agency) filed
a motion for summary judgment. Thereafter, in the response to
the motion for summary judgment, Western Lion has proposed the
following scheduling order and states that the Agency has
reviewed and is in agreement with the schedule:
1) This permit appeal shall be converted into a petition for an
adjusted standard regarding the standards under which
Western Lion’s landfill must comply for closure;
2) Within 20 days of a Board order accepting the agreed—to—
schedule as between the Agency and Western Lion, Western
Lion shall submit a draft petition for an adjusted standard
for the Agency’s review and comment;
3) Within 14 days of the Agency’s receipt of the draft
petition, the Agency shall submit comments to Western Lion;
4) Within 14 days of Western Lion’s receipt of the Agency’s
comments, Western Lion shall file the petition for an
adjusted standard with the Board;
5) The Agency shall advise the Board whether the Agency intends
to join in the petition as a co—petitioner;
6) The Agency agrees to withdraw the pending January 18,1995
motion for summary judgment until such time as the petition
for an adjusted standard is fully adjudicated; and
7) Western Lion shall file a decision deadline waiver necessary
in order to provide sufficient time for the Agency’s motion
for summary judgment to remain pending before the Board.
Rather than adopt this proposed schedule as a Board order,
we will instead stay this permit appeal and any decision on the
Agency’s motion for summary judgment until June 1, 1995, which is
120 days prior to the decision deadline of September 30, 1995.
Western Lion is directed to file the petition for an adjusted
standard on or before that date. Any petition for an adjusted
standard that Western Lion may file will be docketed by the Clerk
2
as a new case. All future scheduling orders shall be at the
discretion of the hearing officer as well as requests for further
extensions of the stay after the filing of the petition for an
adjusted standard.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boar~,hereby certify th&t~the above order was adopted on the
‘~~-
day of
7~7
,
1995, by a vote of
7—~~)
.
~t ~
/4~
Dorothy M. G~fir~,Clerk
Illinois PoLlu,?ion Control Board