ILLINOIS POLLUTION CONTROL BOARD
    September 28, 1989
    WALTONVILLE COMMUNITY UNIT
    )
    SCHOOL DISTRICT NO. 1 AND
    )
    THE JEFFERSON COUNTY BOARD
    )
    OF REVIEW,
    Petitioners,
    v.
    )
    PCB 89—149
    CONSOLIDATION COAL COMPANY
    AND THE ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondents.
    ORDER OF THE BOARD (by J. Marlin):
    On September 19, 1989, the Board received a letter from the
    Waltonville Community Unit School District No. 1 (“Waltonville”)
    objecting to the “removal of.. .resporident Consolidation Coal
    Company’s coal preparation plant from the real estate rolls.”
    On September 19, 1989 the Board also received a letter from the
    Jefferson County Board of Review (“Jefferson County”) objecting
    “to the total removal of the...coal preparation plant.”
    The Board requests that Waltonville and Jefferson County
    inform the Board whether their letters are intended to be
    petitions to revoke certification of the coal preparation plant
    as a pollution control facility pursuant to Ill. Rev. Stat., oh.
    120, Section 502(a)(c) et
    Additionally, the Board orders the parties to brief the
    issue of the Board’s authority to entertain this petition at this
    time. Specifically, the Board requests the parties to address:
    1. Whether the petition is premised on some
    particular action by a governmental
    agency, when that action occurred, under
    what authority the action occurred and
    whether this petition is timely filed; and
    2. Whether there are any other issues
    affecting the Board’s jurisdiction to hear
    this proceeding.
    The parties shall file their initial brief with the Board no
    later than October 20, 1989. Each party may file a reply brief
    no later than October 27, 1989. The Board notes that it
    1~3-~555
    —2—
    determined in Reed Custer v. Commonwealth Edison and IEPA, PCB
    87—209, (February 25, 1988) that the Board could entertain a
    third party petition and directs the parties to that opinion.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the Jbove Order was adopted on
    the
    c~2~.P
    ~—
    day of
    /~L-~I~4~~
    ,
    1989, by a
    voteof
    ~‘-°
    .
    /~
    Dorothy My~t3unn, Clerk,
    Illinois Pbllution Control Board
    103-556

    Back to top