ILLINOIS POLLUTION CONTROL BOARD
    July 26,
    1982
    WASTE MANAGEMENT,
    INC.,
    )
    a Delaware~Corporation,
    )
    Petitioner,
    v.
    )
    PCB 82—55
    BOARD OF SUPERVISORS OF
    TAZEWELL COUNTY,
    Respondent.
    ORDER OF THE BOARD
    (by
    I. Goodman):
    The City of East Peoria
    (East Peoria) moves for reconsidera-
    tion of the Board’s July 21st Order
    in this matter which affirmed
    East Peoria’s intervention, denied further public hearings and
    established a briefing schedule for the three parties.
    East
    Peoria’s motion for reconsideration
    is premised on information
    contained in a hearing officer’s order.
    The hearing officer’s
    order was issued on July 16,
    1982 and filed with the Board on
    July
    21,
    1982.
    Since this order was not before the Board when
    it ruled on Waste Management of Illinois,
    Inc.
    (Waste Management)
    motion for conclusion of hearings and exclusion of additional
    evidence on July 21,
    1982, the motion for reconsideration is
    granted.
    East Peoria argues that Waste Management had agreed to
    extend the statutory ninety—day decision time until and in-
    cluding September 2,
    1982 under the terms of the July 16,
    1982
    hearing officer order.
    Waste Management argues that the waiver
    agreed to therein was conditional
    on the Board’s ruling on its
    motion for conclusion of hearings and exclusion of additional
    evidence, filed July
    8,
    1982.
    The hearing officer’s order
    granted a motion by Waste Management for discovery and deposition
    of East Peoria’s expert witnesses, set public hearing for August
    16,
    1982 and stated that Waste Management had agreed to extend
    the ninety-day decision period.
    In the last paragraph, the pro-
    visions of this order are expressly conditioned on the Board’s
    ruling on Waste Management’s motion for conclusion of hearing
    and exclusion of additional evidence.
    The Board cannot construe the agreement by Waste Management
    to extend the decision period to be more than a conditional waiver
    offered by Waste Management in an effort to expedite the public
    hearing process should additional hearings have been granted.
    A conditional waiver
    is insufficient for the Board to reverse
    47-489
    2
    its July 21st Order,
    Furthermore, in reconsidering that Order
    the Board recognizes that undue emphasis was given to the
    statutory deadline when it ruled hearings concluded.
    Time was
    a factor, but the Board also concludes that opportunity had been
    afforded East Peoria to challenge the record to be reviewed by
    the Board at the July
    1,
    1982 public hearing.
    Therefore,
    the
    following sentence is deleted from the July 21, 1982 Board Order:
    “Therefore,
    since the statutory deadline for decision in
    this matter is August
    6,
    1982, there is insufficient time
    to hold additional hearings as anticipated by the hearing
    officer’ s continuance.
    The Board’s Order is otherwise reaffirmed and East Peoria’s
    motion for an August
    16,
    1982 hearing and revised briefing
    schedule is denied.
    IT IS SO ORDERED.
    Board Member Dumelle dissented.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the ~2(~~day
    ~
    ,
    1982 by a vote of
    _____
    Christan L. Moffett, CX~k
    /
    ~
    Illinois Pollution Control Board
    47-470

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