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