ILLINOIS POLLUTION CONTROL BOARD
    November
    7, 1985
    COMMONWEALTH EDISON COMPANY,
    Petitioner,
    v.
    )
    PCB 85—168
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY~,
    Respondent.
    ORDER OF THE BOARD
    Thy
    B.
    Forcade):
    On October 29~1985, Commonwealth Edison Company filed
    a
    Petition for Review
    of NPDES Permit No.
    0002763.
    This matter
    is
    accepted
    for
    hearings
    Hearing must be scheduled within
    14 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 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.
    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 105.102
    regarding filing
    the Agency record
    by
    the equivalent number of days, but
    in any circumstance the record
    must be filed
    at least
    10 days before
    the hearing.
    66-339
    —2—
    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
    N. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    7~
    day
    of _________________________, 1985,
    by
    a vote
    of
    ~
    ~
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    66-340

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