ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

ESG WATTS, INC.,

an Iowa Corporation

Petitioner,

v.

)

PCB 94—176

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD:

On June 8, 1994, ESG Watts, Inc. filed a petition for permit

review regarding its solid waste landfill, commonly known as the

Sangamon Valley Landfill, located in Sangamon County. The appeal

contains various procedural challenges to the Illinois

Environmental Protection Agency’s denial of an operating permit.

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

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. Absent any future waivers of the

decision deadline, the statutory decision deadline is now

October 6, 1994 (120 days from June 8, 1994); the Board meeting

immediately preceding the due date is scheduled for

October 6, 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

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2

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 1O5.1O2~require 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 M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby rtify that the above order was adopted on the~?i~—

day of

____________________

,

1994, by a vote of

~‘

~O

~Dorothy N. Gi~4h, Clerk

Illinois Pol~5tion Control Board