ILLINOIS POLLUTION CONTROL BOARD
    October
    11, 1990
    JOHN SEXTON CONTRACTORS
    )
    COMPANY,
    Petitioner,
    v.
    )
    PCB 88—139
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    This matter comes before the Board on remand from the
    Illinois Appellate Court
    in the case of John Sexton Contractors
    Company v.
    Illinois Pollution Control Board and the Illinois
    Environmental Protection Agency,
    No.
    1—89—1393 June 29,
    1990.
    The Court reviewed the Board’s decision affirming the imposition
    of certain conditions by the Illinois Environmental Protection
    Agency
    (“Agency”)
    on the closure/post—closure care plan for
    a
    landfill
    in Lansing,
    Illinois operated by John Sexton Contractors
    Company (“Sexton”).
    Upon review the Board’s decision was
    affirmed with respect
    to conditions numbered
    4 and 19(b)
    and the
    matter was remanded with respect
    to conditions numbered 6 and
    17.
    The Court found that the record was unclear
    as to the
    Agency’s basis supporting the imposition of conditions
    6 and
    17.
    The Board was directed to conduct further hearings and
    proceedings “at which the Agency will have the opportunity to
    rebut Sexton’s claim that the wastes are not
    in the landfill or
    to establish an independent basis supporting the necessity of
    special conditions
    6 and 17.”
    Op. at
    p.
    17.
    This matter
    is set for hearing.
    Hearing
    is to be scheduled
    as expeditiously as possible.
    The 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,
    and all actual exhibits to the
    Board within
    5 days of hearing.
    Any briefing schedule shall
    provide for final filings as expeditiously as possible.
    IT IS SO ORDERED.
    115—25 9
    —2—
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    th
    er was adopted on
    the
    //‘~~day of
    ~
    Ord
    1990, by a vote
    of
    ________
    lerk
    Illinois P
    lution Control Board
    115 —260.

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