ILLINOIS POLLUTION CONTROL BOARD

January

9,

1986

VAN LEER CONTAINERS,

INC.,

Petitioner,

v.

)

PCB 85—227

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE

EOAIkD (by B.

Forcade):

On January

8,

1986, Van Lee Containers,

Inc.

filed

a

Petition for Extension

of Variance.

This matter

is accepted for

hearing.

Hearing must

be scheduled within

35 days

of the date

of

this Order

and completed within

80 days

of the date of this

Order.

The 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 and all actual

exhibits

to the Board within

5 days

of the hearing.

The hearing

officer may

by order set a schedule

for submission

of briefs.

But such schedule shall provide for

final filings

as expeditiously as possible and

in no event

later

than

90 days from the date of

this Order.

If after

appropriate consultation with the parties,

the

parties

fail

to provide an accept~ableheating 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.

This schedule will

only provide the Board

a very short

time period

to deliberate and

reach a decision before

the due date.

The hearing officer

and

the parties are encouraged

to expedite this proceeding

as much as

possible.

The hearing officer may extend

this schedule only

on

a

waiver of

the decision deadline by the petitioner

and only for

the equivalent or

fewer

number

of days that the decision deadline

is waived.

Such waivers must be provided

in writing

to the Clerk

of the Board.

Any waiver must be an “open waiver”

or

a waiver

of

decision until

a date certain.

Any waiver

shall extend the time

deadline

of Section 104.180

regarding filing

the Agency

recommendation by the equivalent number

of days, but

in any

circumstance

the recommendation must be filed

at least

10 days

before

the hearing.

67-459

---

—2—

Because of requirements regarding the publication of

notice

of hearing,

no scheduled hearing may be cancelled unless the

petitioner provides

an open waiver

or a waiver

to

a date

at least

75 days beyond

the date

of the motion

to cancel hearing.

This

should allow ample time for the Board

to republish notice

of

hearing and receive transcripts from the hearing before

the due

date.

Any order by the hearing officer granting cancellation of

hearing shall include

a new hearing date at least 40 days

in the

future and

at least 30 days prior

to the new due date and

the

Clerk

of

the Board shall

be promptly informed

of the new

schedule.

Because this proceeding

is the

type for which

the Illinois

Environmental Protection Act sets

a very short statutory deadline

for decisionmaking,

absent

a waiver,

the Board will grant

extensions or modifications only

in unusual circumstances.

Any

such motion must set forth

an alternative schedule for notice,

hearing,

and final submissions,

as well as the deadline for

decision,

including response time

to such

a motion.

However,

no

such motion shall negate the obligation

of the hearing officer

to

set

a date pursuant

to the

second paragraph of

this Order.

IT

IS SO ORDERED

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify t~atthe above Order was adopted on

the

~

day of ________________________,

1986, by

a vote

of

-7-a

.

7

~

Dorothy M.

G~(inn, Clerk

Illinois Pollution Control Board

67-460