ILLINOIS POLLUTION CONTROL BOARD
February
3,
1994
AMERICAN TREE SERVICE, INC.,
)
)
Petitioner,
)
V.
)
PCB 94—43
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by C.
A. Manning):
On
January
25,
1994,
American Tree
Service,
Inc.
filed
a
petition
for permit
review
regarding
its
facility,
located
in
Sangamon County.
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).
The Chief Hearing
Officer shall assign a hearing officer to conduct hearings.
The
Clerk of the Board shall promptly issue appropriate directions to
the assigned hearing officer consistent with this order.
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.
In
this
case,
the
statutory
decision deadline is May 25, 1994; therefore the decision due date
is May
19,
1994.
There
has been no open waiver
filed
in this
matter.
If
after
appropriate
consultation
with
the
parties,
the
parties failto 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.
Adin.
Code
105.102) require the Agency to file the entire AgencY record of the
2
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 Control
Boar~,hereby certify h~tthe above order was adopted on the
~—~-
day of ___________________________,
1994, by a vote of
Dorothy M. G~hn,Clerk
Illinois Po~3(utionControl Board