ILLINOIS POLLUTION CONTROL BOARD

November 3,

1994

ESG WATTS,

INC.,

)

am Iowa corporation

)

Petitioner,

)

v.

)

PCB 94—306

PCB 94—307

ILLINOIS ENVIRONMENTAL

)

PCB 94-308

PROTECTION AGENCY,

)

PCB 94-309

)

(Permit Appeals)

Respondent.

ORDER OF THE BOARD

(by

3.

Theodore Meyer):

On October 27,

1994,

ESG Watts,

Inc.,

filed four petitions

for permit review regarding its solid and special waste landfill

located in Rock Island County,

Illinois, commonly known as the

Taylor Ridge

(or Andalusia)

Landfill.

These appeals were

docketed as PCB 94—306, PCB 94—307, PCB 94—308, and PCB 94—309.

These matters are accepted for hearing.

As each of these appeals

involves denial of waste stream approvals for the identical

reason, the Board on its own motion consolidates these cases 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

February 24,

1995

(120 days from October 27,

1994);

the Board

meeting immediately preceding the due date is scheduled for

February 16,

1995.

---

2

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 1O5.1O2~require the Ac~encyto file the entire Acrency record

of the permit application within 14 days of notice 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 Contrq~~

Board, her~,ycertify that the above order was adopted on the

.1

day of

/1

,

1994, by a vote of

_________

/1

/1

~

~

~

Dorothy H.

Gi4n,

Clerk

Illinois

Pol”A.ition

Control Board