ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
ALLIED TUBE
& CONDUIT
)
CORPORATION,
Petitioner,
)
v.
)
PCB 96—108
)
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by N. McFawn):
On November 16,
1995,
Allied Tube
& Conduit Corporation
filed a petition for permit review regarding its facility
located in Harvey,
Illinois.
Included in its permit appeal is a
request that the Board stay the challenged terms of the permit.
No response to this request has been filed by the Illinois
Environmental Protection Agency (Agency).
Accordingly, we direct
the Agency to respond to the request for stay within 14 days of
the date of this order.
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 Iii.
Adm. Code 101.105.)
The Chief Hearing Officer shall assign a
hearing officer to conduct hearings.
The Clerk of the Board
shall promptly issue appropriate directions to the assigned
hearing officer consistent with this order.
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 March
16,
1996
(120 days from November 16, 1995); the Board meeting
immediately preceding the due date is scheduled for March 7,
1996.
2
We note that on December 4,
1995, the Illinois Environmental
Protection Agency
(Agency)
filed a motion to extend time to file
the Agency record in this matter.
We direct that motion to the
assigned hearing officer.
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.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board
hereby certj.fy that the above order was adopted on the
_______
day of
__________________,
1995,
by a vote of
~
O
Dorothy
Illinois
Control Board