ILLINOIS POLLUTION CONTROL BOARD
    September 15, 1994
    ILLINOIS LANDFILL, INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—200
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by N. McFawn):
    This matter is before the Board on a July 25, 1994 petition
    for variance filed by Illinois Landfill, Inc. (ILl). The
    petition included a waiver of hearing, with supporting affidavit.
    Additionally, ILl filed a motion for expedited decision on August
    26, 1994. The Illinois Environmental Protection Agency (Agency)
    filed its recommendation and response on August 25, 1994. On
    September 2, 1994, an objection to the petition for variance was
    filed by Larry Slates, Lonnie Seymour, James Klaber, Faye Mott,
    Hoopeston Community Memorial Hospital, and representative members
    of C.A.R.E. Subsequently, on September 12, 1994, ILl filed a
    waiver of the decision deadline until December 16, 1994.
    Section 104.141(a) of the Board’s procedural rules provides:
    Any person may file with the Clerk, within 21 days after the
    filing of the petition, a written objection to the grant of
    the variance. Such objection may or may not be accompanied
    by a petition to intervene in accordance with Section
    103.220. A copy of such objection shall be mailed to the
    petitioner and the Agency by the Clerk.
    Therefore, in order to be timely, an objection to a variance
    petition must be filed within 21 days of the variance petition.
    Pursuant to Section 104.140 of the Board’s procedural rules,
    within 10 days after a petition for variance is tiled, the Agency
    must publish notice of the petition in a newspaper of general
    circulation in the county in which the installation or property
    is located for which the variance is sought. The Agency
    published notice of the instant variance petition on August 12,
    1994, 18 days after the petition was filed. The published notice
    stated that objections to the variance petition could be filed
    within “21 days from publication of this notice.”
    Because the objectors filed their objection 21 days after
    notice of the petition was published, we will construe the
    objection as timely filed, despite the fact that it was filed 39
    2
    days after the petition. We therefore accept this matter 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). A
    hearing officer shall be assigned 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 as soon as possible of the time and location of the hearing
    since the public notice of hearing must be published at least
    21 days in advance thereof. 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 December 16, 1994; the Board meeting immediately
    preceding the due date is scheduled for December 15, 1994.
    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.
    At the time the variance petition was filed, the regulatory
    deadline, September 18, 1994, from which petitioner seeks
    variance preceded the Board’s decision deadline. Petitioner
    therefore requested expedited relief to avoid the need for
    retroactive relief. Given the subsequent objection and
    petitioner’s waiver of the original decision deadline, the
    premise underlying the motion is moot. Therefore, the motion is
    denied. Recognizing, however, that the regulatory deadline will
    have passed by the time this matter is ripe for decision, the
    Board will consider this matter as quickly thereafter as
    possible.
    IT IS SO ORDERED.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar~hereby cert .fy that the above order was adopted on the
    /5~
    day of
    ~.
    ,
    1994, by a vote of
    ~ ~
    ~.
    Dorothy M.~unn, Clerk
    Illinois Pàilution Control Board

    Back to top