ILLINOIS POLLUTION CONTROL BOARD
October 16, 1997
COMMONWEALTH EDISON
COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-52
(Permit Appeal - NPDES)
ORDER OF THE BOARD (by C.A. Manning):
On
October 10, 1997
, the Board received
petitioner
’s petition for review. The final
determination concerns
petitioner
’s
site located in Mason County, Illinois.
The petition for
review was accompanied by a waiver of the decision deadline. (Petitioner may file a waiver of the
statutory decision deadline pursuant to 35 Ill. Adm. Code 101.105.)
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. 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 a 30-day 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.
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.
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.
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IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 16th day of October 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board