ILLINOIS POLLUTION CONTROL BOARD
    June 15,
    1995
    JOHN C.
    JUSTICE,
    d/b/a/
    )
    MICROCOSM,
    )
    Petitioner,
    v.
    )
    PCB 95—112
    (Permit Appeal
    -
    Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A.
    Manning):
    This matter is before the Board on an operating permit
    appeal filed
    pro se
    by John
    C. Justice, doing business as
    Microcosm on March 28, 1995.
    The Board accepted the petition for
    hearing on April
    6,
    1995 and subsequently the Board received a
    waiver of the decision deadline on April
    14,
    1995, waiving the
    statutory decision due date in this case until October 30,
    1995.
    On April 20,
    1995, the Illinois Environmental Protection Agency
    (Agency)
    filed a motion to dismiss the permit appeal challenging
    the sufficiency of the pleading
    (35 Ill.
    Adm.
    Code
    101.243)
    to
    which the petitioner filed a response on June 5,
    1995.
    The Agency argues that dismissal is proper because the
    permit appeal does not satisfy the Board’s informational
    requirements of
    35
    Ill. Adm. Code 105.102.
    According to the
    Agency, the petition fails to:
    (1)
    cite particular standards
    under which the operating permit was being sought (Section
    105.102(a) (2) (A));
    (2) reference a complete and precise
    description of the facility,
    equipment, vehicle, vessel or
    aircraft for which a permit
    is sought,
    including its location
    (Section 105.l02(a)(2)(B));
    (3)
    include a complete description of
    contaminant emissions and of proposed methods for their control
    (Section 105.102(a) (2) (C)); and
    (4)
    submit or reference any other
    materials necessary to demonstrate that Petitioner’s activity
    will not cause a violation of the Illinois Environmental
    Protection Act or applicable regulations
    (Section
    105.102 (a) (2) (D)
    .)
    In response, Mr. Justice states that
    (1)
    the Board ordered
    the Agency to submit the record on appeal when it accepted this
    case;
    (2) any documents or records that the Agency believes to be
    missing are not in the possession of the petitioner; and
    (3) due
    process requires a hearing in the case of a permit denial.
    The Agency is correct that the petition does not satisfy the
    informational requirements of Part 105, especially as they relate
    to the facility description.
    However,
    as this material is always
    included in the Agency’s record and as the Board’s review in this

    2
    type of permit appeal is restricted to review of the record,
    the
    Board has not heretofore required strict compliance with the
    portion of Part 105
    prior to accepting a petition.’
    While we
    understand the concerns stated in the Agency’s dismissal request
    regarding lack of information
    in the petition, the Board can not,
    in this case,
    begin requiring strict compliance.
    We note,
    however, that we are in the process of reviewing our procedural
    rules
    in Docket R95-1,
    and that the public,
    as well as the Agency
    and the regulated community, will have a full and complete
    opportunity to comment concerning any of the Board’s ~ew
    procedures.
    We hereby deny the Agency’s motion to dismiss.
    We direct
    the Agency to file the record,
    and we direct that the hearing
    officer hold a pre—hearing conference so that the parties may
    determine what information must be provided prior to hearing.
    Additionally,
    any requests for stay or for a negotiation schedule
    shall be at the discretion of the hearing officer, consistent
    with the decision deadline
    in this matter.
    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).
    We also direct the hearing officer to hold a
    pre—hearing conference so that the parties may determine what,
    if
    any information, must be provided to one another,
    or to the
    Board, prior to hearing.
    Additionally, the hearing schedule and
    any requests for stay or for a negotiation schedule shall be at
    the discretion of the 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 October
    1
    We note that the Agency’s record was due to have been
    transmitted to the Board within
    14 days of the Agency’s receipt
    of notice of the petition, which in this case would have been
    April 17,
    1995.
    (35 Ill.
    Adm. Code Section l05.l02(a)(4).)
    It
    has not yet been filed.

    3
    30, 1995
    (pursuant to the petitioner’s waiver of April
    14, 1995);
    the Board meeting immediately
    preceding the due date is scheduled
    for October
    19,
    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.
    IT IS SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, her~ycertify that the
    al~o~v~e
    order
    was
    adopted on the
    __________________
    day of
    ___________________,
    1995,
    by a vote
    of
    (a0
    /2
    /
    Dorothy M. ~unn,
    Clerk
    Illinois P,dllution Control Board

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