ILLINOIS POLLUTION CONTROL BOARD

June 29,

1995

CARL

BALL and EDNA BALL,

)

cl/b/a

C

& E RECYCLING and

)

RESOURCE RECOVERY,

)

Petitioners,

)

v.

)

PCB 95—182

)

(Permit Appeal-Land)

)

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

ORDER OF THE

BOARD:

On June 26,

1995, Carl Ball and Edna Ball,

cl/b/a

C

&

E

Recycling and Resource Recovery filed a petition for review of

permit

denial

regarding

their

facility

located

in

Coles

County,

Illinois.

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.

Adin.

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 October

24,

1995

(120 days from June 26,

1995); the Board meeting

immediately preceding the due date

is scheduled for October

19,

1995.

If after appropriate consultation with the parties, the

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2

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) recmire the Agency to file the entire Agency 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 N.

Gunn,

Clerk of the Illinois Pollution Control

—~

Board, hereby cert~ythat the above order was adopted on the ~

day of

___________________________

,

1995,

by a vot~of

______

i~

~

Dorothy N. 4~inn, Clerk

Illinois Po~1lutionControl Board