ILLINOIS POLLUTION CONTROL BOARD

May

30, 1985

CITY OF AURORA,

Petitioner,

)

PCE3 85—51

ILLINOIS ENVIROi~TAL

PROTECTION AG~N~i,

Re~~c~ic3ent.

ORDER OF THE BOAJ~i(by

J. Anderson):

The questioc~‘~forethe Board at this time is whether

hearing is mandat~y in this matter because of timely filing of

an objection with!:~21 days of the filing of the variance

petition, and if ~ whether the Board should employ its

discretion to orde:: the scheduling of a hearing. As some

confusion has arisEn concerning deadlines, it will be helpful to

examine the chronc’ogy of this case.

The petition was received by the Agency on April 17, and by

the Board on April 19. The 21 day period of Section 37(a) of the

Act for the filing of objections would expire no earlier than

May 10, then. Howeu’er, presumably due to clerical error, the

Agency’s newspaper notice established a May 2 deadline for

objections to trigger hearing.

An objection was timely filed on May 7, 1985, by Bob and Ann

Moisberry. As they withdrew their objection by letter of May 16,

the Board did not authorize hearing at its May 16 meeting.

Subsequently, on May 16 the Board received an undated objection

from Mike McGuinraess, received by the Agency on May 15 and

forwarded by the Agency to the Board, as well, as the Agency’s

Recommendation. An objection from H. Ellis Boyer was also

forwarded and received by the Board May 23. On May 24, the City

filed a response to these objections F noting that they were

untimely; on May 28, the City filed a response disagreeing in

part with the Agency’s Recommendation.

The Board finds that the public interest is best served by

ordering hearing in this matter, at which the public can be

informed of, and present comments concerning, the basis both of

the City’s and the Agency’s positions. While some objections

were late filed, the Board believes both that citizen confusion

may have resulted due to the Agency’s incorrect newspaper notice,

and that citizen ~eIiance may have been placed on the

filed—but—withdrawn Molsberry objection and hearing request.

This case i~due for decision on

July

18 (with July 11 the

64-149

---

—2—

last regularly scheduled Board meeting preceding that date).

To

meet this deadline, the Board orders that hearing be scheduled on

or before June 4~1985, to be held during the week of July 1—5;

an earlier date is acceptable only if publication of 21 day

newspaper notice of the hearing required by 35 Ill. Adm. Code

103.125 can be accomplished. All submittals including the

i~earing transcripts which Aurora must provide pursuant to Section

104.122, must be on file at the Board’s offices no later than

July 11. The Hearing Officer is authorized to grant extensions

of these deadlines if, and only if, Aurora extends the Board’s

decision period ~ ~‘aiver,

and all submissions are required to be

filed no less than a full week prior to the

decision date (three

weeks review time ;~s, however, much preferable).

IT IS SO ORDERED.

I, Dorothy t4 ~unn, Clerk of the Illinois Pollution Control

Board hereby~ cert~.iy that

th~above Order was adopted on

the

Jo~~-

day ~f

__________________,

1985 by a vote

of

(-,~--~

0

727.

Dorothy M. ~nn, Clerk

Illinois Pollution Control Board

64-150