ILLINOIS POLLUTION CONTROL BOARD
May 1, 1997
NORTH SHORE SANITARY
DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-140
(Permit Appeal - Land)
ORDER OF THE BOARD (by G.T. Girard):
On
February 20, 1997
the Illinois Environmental Protection Agency (Agency) and
North Shore Sanitary District (North Shore), filed a notice of extension of the 35-day appeal
period pursuant to Section 40 of the Environmental Protection Act, relating to an
January 17,
1997
Agency determination regarding North Shore's permit application for its facility located
in Lake County, Illinois. On April 17, 1997 the Board received North Shore’s petition for
review. This matter is accepted for hearing.
The hearing must be scheduled and completed in a timely manner, consistent with
Board practices and the applicable statutory decision deadline, or the decision deadline as
extended by a waiver (petitioner may file a waiver of the statutory decision deadline pursuant
to 35 Ill. Adm. Code 101.105). 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 30 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 August 15, 1997 (120 days from April 17, 1997); the Board meeting immediately
preceding the due date is scheduled for August 7, 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
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schedule above. The hearing officer and the parties are encouraged to expedite this proceeding
as much as possible. The Board notes that Board rules (35 Ill. Adm. Code 105.102) require
the Agency to file the entire Agency record of the permit application within 14 days of notice
of the petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 1
st
day of May, 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board