ILLINOIS POLLUTION CONTROL BOARD
March 14,
1986
HANSEN—STERLING DRUM CO.,
)
Petitioner,
v.
)
PCB 85—221
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by
B.
Forcade):
On February 26,
1986,
the Illinois Environmental Protection
Agency (“Agency”)
filed
a Motion
to Dismiss citing failure
to
provide information required
in the Board’s January
9, 1986,
Order.
On March
5,
1986, Hansen—Sterling Drum Company (“Hansen—
Sterling”)
filed
a letter, supplying additional information
and
requesting
the Board
to deny the Agency’s motion as Hansen—
Sterling did not receive the Board’s January
9, 1986, Order
requesting more
information.
The Motion
to Dismiss
is denied.
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
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, written schedule for
submission of briefs if any 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.
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
—2—
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.
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 that the above Order was adopted on
the
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of
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,
1986,
by a vote
of
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.
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Dorothy
M.
GUTnn, Clerk
Illinois Pollution Control Board