ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
CENTRAL
ILLINOIS
PUBLIC,
)
SERVICE
COMPANY,
)
)
Petitioner,
)
v.
)
PCB 94—54
)
(Permit
Appeal)
ILLINOIS
ENVIRONMENTAL,
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by C. A. Manning):
On February 4,
1994,
Central Illinois Public Service Company
(CIPS)
filed a petition for permit review regarding its Newton
Power facility, located in Jasper County.
On February 7,
1994,
CIPS filed an amended petition to correct certain deficiencies in
the initial filing.
CIPS also requests that the Board direct the
Illinois Environmental Protection Agency (Agency) to provide,
prior to the hearing, all information regarding its decision. The
Board directs the Agency to file its answer pursuant to 35 Iii.
Adm Code 105.102(b) (5) consisting of the permit application,
permit denial or issuance letter, and all correspondence
concerning the application within 14 days of the notice of the
amended petition.
If the Agency does not provide all the
information CIPS deems necessary CIPS should file another motion
to the Board requesting what specific information is required.
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 105.102).
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
2
regularly scheduled Board meeting date on or before the statutory
or deferred decision deadline.
In this case, the statutory
decision deadline is June 7,
1994; therefore the decision due
date is June 2,
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.
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—
Board, her by certify that the above order was adopted on the!7
day of
,
1994,
by a vote of
~‘
~
~
‘~•
Dorothy N. G~(n,Clerk
Illinois Po)~utionControl Board