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