ILLINOIS POLLUTION CONTROL BOARD
January
7,
1988
REED-CUSTER COMMUNITY UNIT
SCHOOL DISTRICT NO.
255-U,
Petitioner,
v.
)
PCB 87—209
COMMONWEALTH EDISON COMPANY
and THE ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondents.
ORDER OF THE BOARD
(by B.
Forcade):
On December 31, 1987, Reed—Custer
Community Unit
School
District No.
255—U
(“Reed—Custer”)
filed
a petition to revoke
certification of pollution control
facility No. 2lR~—I1l—WPC—85—
15.
The
Board presumes this petition
is filed with the Board
pursuant to authority granted
the Board
by Ill.Rev.Stat.,
Ch.
120, Section
502(a) (1)
et
seq.
The Board orders
the parties
to concurrently
brief the issue
of the Board’s authority to entertain this petition at this
time.
Specifically,
the Board
requests the parties address:
1.
Whether
the
Board
can entertain
a
third
party
petition
in
this
matter
and
how
this
issue
may
be affected
by
Landfill,
Inc.
v.
PCB,
387 N.E.2d
258
(1978);
2.
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
3.
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
not later than January
26,
1988.
Each party may file
a reply
brief not later than February
1,
1988.
In addition
to the filing
at the Board’s offices,
a copy of each brief shall be mailed
to
the downstate Board members at the following offices:
85—21
Dr. Ronald Flemal
Illinois Pollution Control Board
P.O. Box 505
DeKaib,
IL 60115
Dr. John Marlin
Illinois Pollution Control Board
104 West University Avenue
Urbana,
IL 61801
IT
IS SO ORDERED
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify
t
a
the above Order was adopted on
the
1~
day of _______________________, 1988, by a vote
Illino
Control
Board
85—22