ILLINOIS POLLUTION CONTROL BOARD
    May
    9, 1986
    ABBOTT LABORATORIES,
    Petitioner,
    v.
    )
    PCB 86-64
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On April
    25, 1986,
    Abbott Laboratories
    f.iled
    a Permit
    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
    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
    is waived.
    Such waivers must be provided
    in writing to the Clerk
    of the Board.
    Any waiver must be
    an “open waivertt
    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.
    69-468

    —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 that the above Order was adopted
    on
    the
    ~
    day
    of _______________________, 1986,
    by a vote
    of
    ________.
    ~ixz~4
    ~
    ~4L.
    Dorothy M.
    G’unn,
    Clerk
    Illinois Pollution Control Board
    69-469

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