ILLINOIS POLLUTION CONTROL BOARD

January 8, 1981

MERCY HOSPITAL, et al.,

I

Petitioner,

v.

PCB 80—218

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER

OF THE

BOARD (by J. Anderson):

On November

26, 1980, petitioners filed a petition for

variance from Section 21(h) of the Environmental Protection Act,

which prohibits deposit of hazardous hospital waste. Section 37

of the Environmental Protection Act mandates the Board to hold a

hearing on the petition if written objections are received within

21 days. As no such objections had been received on the 23rd day,

December 19, 1980, the Board decided the matter without hearing

based on the information contained in the petition and the Recom-

mendation filed by the Illinois Environmental Protection Agency

(Agency) supporting variance. The Board retained jurisdiction in

this matter.

However, on December 22, 1980, the Board learned that the

notice of the petition required by Section

37 to be published

by the Agency, stated that objections could be filed through

December 24, 1980. The Board received 5 objections between

December 22—24, 1980 concerning hospitals located in thampaign,

Clay, DeKalb, and Kane Counties.

In fairness to these objectors, the Board, on its own motion,

is exercising its retained jurisdiction. Pursuant to its general

powers and Procedural Rule 334(a), the Board hereby authorizes

hearings at which these objectors may be heard. Hearing Officers

shall be designated within 7 days of the date of this Order. The

designated Hearing Officers shall set hearings within 20 days of

the date of this Order, such hearings to be held within 60 days of

the date of this Order after notice is given pursuant to Procedural

Rule

307. As

is the usual practice in variance hearings, the

Hearing Officer shall receive the information outlined in Pro-

cedural Rule 401(a). Upon completion of these hearings, the Board

shall modify its Order of December 19, 1980, which continues in

full force and effect,

if and as necessary.

40—279

---

On December 31, 1980 objector Jill Zwick filed a Procedural

Rule 333 motion to vacate the Order of December 19, 1980. The

Board hereby denies this motion, as a non~party lacks standing

to make such a motion under Rule 333.

IS

SO ORDERED,

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adop~ed

on the

L

day ~

1981

by a vote of ~

*

Illinois Pollution

ntrol Board

40—280