ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2007
    CITY OF FREEPORT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-108
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 18, 1998, the City of Freeport (City) filed this permit appeal. The City has
    filed numerous extensions of the decision deadline and the parties have participated in
    conferences with the hearing officer concerning the status of this case. However, the Board has
    taken no action on the merits of the case. During a status call on March 19, 2007, the Illinois
    Environmental Protection Agency indicated that the appeal may be moot due to later issued
    permits and the City asked for an additional 30 days to discuss the issue with the City’s
    environmental consultant.
    See
    Hearing Office Order March 19, 2007. Since that order neither
    party has participated in status conferences with the hearing officer and on May 30, 2007, the
    hearing officer notified that the City that failure to appear or file a status report before the next
    scheduled call would result in the hearing officer asking the Board to dispose of the case. On
    July 17, 2007, the Hearing Officer held a status conference and neither party appeared. In an
    order issued by the Hearing Officer on July 17, 2007, the Hearing Officer asked the Board to
    dismiss this case.
    See
    Hearing Officer Order July 17, 2007.
    The Board finds that the City has failed to diligently pursue this case and the hearing
    officer has made every effort to accommodate the City. Therefore, the Board therefore dismisses
    this case and closes the docket.
    IT IS SO ORDERED.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2004);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
    IT IS SO ORDERED
    I,
    John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 9, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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