ILLINOIS
    POLLUTIOt~CONTROL BOARD
    September
    4,
    1987
    INDUSTRIAL SERVICES,
    INC.
    Petitioner,
    v.
    )
    PCB 87—116
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF
    THE
    BOARD
    (by
    3.
    Anderson):
    This petition for variance was filed August
    4,
    1987,
    and
    amended on August
    13,
    1987.
    As
    the
    Board
    noted at
    its August
    16
    meeting,
    the Board’s
    120 day decision period recommenced with
    the
    August
    13
    filing.
    Several objections
    to grant
    of variance have been filed
    between August
    20
    and August
    25.
    This petition
    is accordingly
    authorized for hearing pursuant
    to the requirements of Section
    37(a)
    of the Act.
    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 nearing 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,
    trie Hearing Officer
    shall
    enter
    a Hearing Officer Scheduling Order governing
    completion
    of the record.
    That Order
    shall
    set
    a date certain
    for
    each aspect of the case including:
    briefing schedule,
    81—65
    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.
    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 104.180 regarding filing
    the Agency
    recommendation by the equivalent number of days,
    but
    in any
    circumstance
    the recomniendation
    must
    be
    filed
    at least
    20 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 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
    set a date pursuant to the fourth paragraph of
    this Order,
    and to
    adhere
    to
    triat Order
    until modified.
    This Order
    shall not appear
    in
    the Board’s Opinion Volumes.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    ~ie~eby certify
    tha,t
    the above Order was adopted
    on
    the
    ~
    day of __________________________,
    1987,
    by
    a vote
    of
    c-c)
    .
    ~
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    81—66

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