ILLINO ES POLLUTION CONTROL BOARD

October 24, 1985

~2GNCERNBU NEIGHBORS FOR A

Rt ER ENVIRONMENT, and

)

RILLIAH SCAV~\RDA,

Petitioners,

PCF3 8~3—i24

COUNTY OF ROCK ISLAND, and

RROWNING~FERRIS INDUSTRIES

D~ 0~,’L~\, II~C,

,

Respondents.

LNIERIM ORDER OF THE BOARD (by J. Anderson):

By Order of September 20,

1985, the Board directed

patitioners to file a supplement to their petition on or before

October 1,

1985,

in response to the

motion

made by BFI “September

3~

1984” (sic

—~

1985 is the correct year). Petitioners filed

their supplemental petition October 17, stating that they had

been unaware of the Order until verbally informed by EFI’s

counsel October

7, at which time they confirmed the Board’s

entry

of that Order and requested a copy from the Board’s Clerk.

The

Board regrets this mishap, and on its own motion accepts

the late

tiling nunc ~ tunc.

On October 21, 1985,

BFI moved to strike this supplemental

petition on the grounds that it is

“vague and general, and

does

not set forth any facts

upon which petitioners rely”.

The

Board notes

that

hearing in this matter is

presently

set for

October 29, and so will rule upon this

motion

in advance ot a

response. The motion is denied. The supplemental petition is

less factually specific than

might be desired, although it

does

generally set forth the legal errors Concerned Neighbors assert.

Additionally, as a practical matter, the

Board

notes that

decision in this matter is due December 12. Cancellation of th~

October 29 hearing and the proper noticing

of a new hearing

dabs

in late November will leave the Board

an unacceptably

short

period in which to deliberate this matter. Hearing in this

matter shall proceed on October

29, at which time

petitioners

shall fully present their case, As

part of

this presentation,

the petitioners shall present a written specification, with

citation to the County transcript, of the

hearing

officer rulinys

being challenged. The relationship of

such rulings

to the

alleged lack of fundamental fairness shall be explained, and any

additional evidence relating thereto shall

be

presented.

~rgument shall also be presented concerning the manifest wuipbt

at the evidence issue.

66-173

---

The Hearing Officer shall continue the hearing

as

necessary

e revent unfair surprise to BFI, and shall announce any new

isarinq date prior to recessing the

October 29 hearing. Due

to

the short

span of time between

entry of this Order and

the

scheduled hearing date, the Clerk

is directed to, this day,

orovide

telephonic notice of this Order

to all counsel

and

the

Hearing Officer, and to mail copies of this Order via first clans

mail; the usual certified mail copies may then

be dispatched

bollowing usual procedures.

IT 5 SO ORDERED.

3, B,

Dumeile

and

B.

S. Forcade concur.

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board hereby

certify

that the above Interim Order was adopted on

the

~

day

of

__________

________,

1985 by a

vote

of

___

~i~)

./i~

Dorothy M. Gunn, CEerk

Illinois Pollution

Control

Board

.

66-174