ILLINOIS POLLUTION CONTROL BOARD
    April 17, 1997
    CENTRAL ILLINOIS PUBLIC SERVICE
    )
    COMPANY (NEWTON STATION),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 97-159
    )
    (Variance - Water)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by R.C. Flemal):
    On March 17, 1997 Central Illinois Public Service Company (CIPS) filed a petition requesting a
    variance from the thermal standards applicable to Newton Lake. On April 3, 1997 the Board found the petition
    satisfied the requirements of 35 Ill. Adm. Code 104.121, and accordingly accepted the petition.
    CIPS waived hearing, as allowed under 35 Ill. Adm. Code 104.124. However, on April 4, 1997 the
    Board received an objection to the petition for variance from Marvin Elmore and Adolph Zumbahlen. The
    objection specifically requests a hearing on the petition for variance.
    The Environmental Protection Act provides that “if ...any...person files a written objection to the grant
    of...variance within 21 days, together with a written request for hearing, then a hearing shall be held” (415
    ILCS 5/37(a)). The instant objection satisfies this statutory provision. Accordingly the Board will set this
    matter for hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with Board practices and
    the applicable decision deadline. The Board will assign a hearing officer to conduct hearings consistent with this
    order, and the Clerk of the Board shall promptly issue appropriate directions to that assigned hearing officer.
    The assigned hearing officer shall inform the Clerk of the Board of the time and location of the hearing
    at least 40 days in advance of hearing so that public notice of hearing may be published. After hearing, the
    hearing officer shall submit an exhibit list, a statement regarding credibility of witnesses, and all actual exhibits
    to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as expeditiously as possible and, in time-limited
    cases, no later than 30 days prior to the decision due date, which is the final regularly scheduled Board meeting
    date on or before the statutory or deferred decision deadline. Absent any future waivers of the decision
    deadline, the statutory decision deadline is now July 15, 1997; the Board meeting immediately preceding the
    decision deadline is scheduled for July 10, 1997.
    If after appropriate consultation with the parties, the parties fail to provide an acceptable hearing date or
    if after an attempt the hearing officer is unable to consult with the parties, the hearing officer shall unilaterally
    set a hearing date in conformance with the schedule above. The hearing officer and the parties are encouraged
    to expedite this proceeding as much as possible.
    IT IS SO ORDERED.
    22
    Board Member Kathleen M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order
    was adopted on the _________ day of ______________________, 1997 by a vote of ______________.
    _________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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