ILLINOIS POLLUTION CONTROL BOARD

August 14,

1986

ENRON CHEMICAL COMPANY,

Petitioner,

v.

)

PCB 86—119

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On August 4, 1986, Enron Chemical Company filed

a NPDES

Permit Denial Appeal.

This matter

is accepted for hearing.

Hearing must

be scheduled within 14 days

of the date of this

Order

and completed within 60 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 as expeditiously as possible but

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.

Any briefing schedule shall

provide for final filings

as expeditiously as possible and

in no

event later than 70 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.

Within 10 days

of accepting this case,

the Hearing Officer

shall enter

a Hearing Officer Scheduling Order governing

completior~of the record.

That Order

shall

set

a date certain

for each aspect of the case including:

briefing schedule,

hearing date(s), completion of discovery (if necessary)

and pre—

hearing conference

(if necessary).

The Hearing Officer

Scheduling Order may

be modified by entry of

a complete new

scheduling order conforming with the time requirements below.

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---

—2—

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 0open waivert’ or

a waiver

of

decision until a date certain.

Because of requirements regarding the publication of notice

of hearing,

no scheduled hearing may

be canceled 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 complete new scheduling order with 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

establish

a scheduling Order pursuant

to the fourth paragraph of

this Order,

and to adhere to that Order

until modified.

IT

IS SO ORDERED

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

/~‘t~-

day of ________________________,

1986,

by a vote

of

~—o

.

Dorothy

14.

GLInn, Clerk

Illinois Pollution Control Board

72-54