ILLINOIS POLLUTION CONTROL BOARD
    August 11,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    PETITION OF WINNEBAGO RECLAMATION
    )
    AS 94-11
    INC. FOR AN ADJUSTED STANDARD
    )
    (Adjusted Standard)
    FROM 35 ILL. ADM. CODE 811.710(c)
    )
    AND
    811.713(c) (1).
    )
    ORDER OF THE BOARD
    (by E.
    Dunham):
    On June 2,
    1994, Winnebago Reclamation Services Inc. filed a
    petition for adjusted standard regarding Pagel’s Landfill
    Facility in Winnebago County,
    Illinois.
    A certificate of
    publication was filed on August
    4,
    1994.
    Section 28.1 of the Act authorizes the Board to dismiss the
    instant petition at any time if it determines that the petition
    is duplicative or frivolous,
    or that the petitioner is not
    pursuing disposition of the petition in a timely manner.
    In
    addition,
    Board regulations at 35 Ill.
    Adm. Code 106.902
    (a)
    authorize dismissal if the petition is deficient with respect to
    the requirements of 35
    Ill. Adm. Code Sections 106.705, 106.706,
    106.710 and 106.712.
    Section 28.1 also requires the Board to conduct
    a public
    hearing if the Board,
    in its discretion, determines a hearing
    would be advisable or if the Board receives a request for hearing
    from any person within 21 days of publication of public notice of
    the filing of the petition.
    An action before the Board is duplicative if the matter is
    identical or substantially similar to one brought in another
    forum (Brandle v
    Ropp, PCB 85-68,
    64 PCB 263
    (1985)).
    An action
    before the Board is frivolous if it fails to state a cause of
    action upon which relief can be granted by the Board
    (Citizens
    for a Better Environment
    v. Reynolds Metals Co., PCB 73-173,
    8
    PCB 46 (1973)).
    A petition is deficient with respect to 35 Ill.
    Adm.
    Code Sections 106.705,
    106.706, 106.710 and 106.712
    if it
    omits any required information or lacks any required supporting
    affidavits or proofs as specified in those sections.
    There is no evidence before the Board to indicate this
    matter is
    identical or substantially similar to any matter
    brought in another forum, nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    therefore, the Board finds that, pursuant to 35 Ill.
    Adm. Code
    103.124(a),
    the complaint is neither duplicative nor frivolous.
    Since this action has just been filed,
    there is also no evidence
    before the Board that petitioner is not pursuing timely
    disposition of the petition.
    Additionally,
    at this time there is
    no evidence before the Board that the petition is deficient with
    2
    respect to 35 Ill.
    Adm. Code Sections 106.705, 106.706,
    106.710
    and 106.712.
    Winnebago Reclamation Services has requested a hearing.
    Accordingly, this matter shall proceed to hearing.
    This is a type of case for which the Act prescribes no
    deadline for decision, although as noted the Act requires the
    petitioner to timely pursue disposition of the petition.
    Therefore, hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and
    35
    Ill. Adm. Code
    Part 101 and Part 106, subpart G.
    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.
    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
    Boa d
    hereby certify~—~hatthe above order was adopted pn the
    _______
    day of
    ~
    1994, by a vote of
    ~‘
    ~°
    L/
    Dorothy
    M. GUp~1, Clerk
    Illinois Pol~~ionControl Board

    Back to top