ILLINOIS POLLUTION CONTROL BOARD

February

6,

1986

ALLIED HASTINGS BARREL

)

AND DRUM SERVICE,

INC.,

)

Petitioner,

v.

)

PCB 86—21

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by

B.

Forcade):

On February

5,

1986,

Allied Hastings Barrel

and Drum Service

Inc.

filed

a Petition for Extension of Variance.

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 waivers 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.

---

—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

Boar~,hereby certify th~tthe above Order was adopted on

the

~Z2T

day of ________________________,

1986,

by a vote

of

7—o

.

/Y~L27

)72~

Dorothy

M.

Günn, Clerk

Illinois Pollution Control Board