ILLINOIS POLLUTION CONTROL BOARD
    October 14, 1982
    DONALD J.
    HAMMAN,
    Petitioner,
    v.
    )
    PCB 80—153
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On October 5,
    1982 the Illinois Environmental Protection
    Agency (Agency)
    filed a motion for modification of the Board’s
    September 15, 1982 Order in this matter to which Donald Hamman
    responded on October 12,
    1982.
    The Agency requests that this
    case be consolidated with PCB 82-15.
    Some history is useful:
    July 21,
    1980:
    Agency denies Hamman application for de-
    velopment permit for solid waste dispos~1
    site.
    Hamman appeals (PCB 80—153).
    January 8,
    1981:
    Board reverses and remands to Agency
    for issuance of development permit.
    November 19,
    1981:
    Board reaffirms January 8,
    1981
    Order
    upon rehearing.
    December 31,
    1981:
    Agency issues development permit as
    ordered by the Board.
    February 16, 1982:
    Hamman appeals development permit
    condition regarding special wastes
    (PCB 82—15) to the Board.
    June 28, 1982:
    Appellate Court orders that development
    permit issue with a condition concern-
    ing improvement of access
    road.
    The Agency
    argues that “an anomaly” has been created by
    these two permit appeals concerning development of Hamman’s
    site:
    in PCB 80—153 the Agency is to issue a permit containing
    a condition regarding access roads while another permit remains
    in existence containing
    a controverted condition regarding
    special wastes
    (PCB 82—15).
    Further,
    a petition for review
    has
    49-139
    2
    been filed with the Supreme Court contesting the Appellate Court’s
    decision regarding PCB 80—153.
    While agreeing that multiple
    permits should be avoided,
    Hamman opposes consolidation for fear
    that resolution of the “relatively simple” issues of PCB 82—15
    will be “unduly delayed” by consolidation.
    The Board agrees that consolidation could lead to further
    complication of these proceedings and that multiple permits
    also could cause unnecessary confusion.
    Therefore,
    the motion
    to modify and consolidate is denied, but on its own motion the
    Board hereby stays the effectiveness of its September 15,
    1982
    Order
    in PCB 80—153 pending a final determination in R82—15.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Boa,çd,
    hereby certf
    that the above Order was adopted
    on the
    /‘-f~’
    day of____________________
    ,
    1982 by
    a
    vote of
    ~‘—O
    Christan
    L. Moffe47//lerk
    Illinois Pollution~?ntrol Board
    49-140

    Back to top