ILLINOIS POLLUTION CONTROL BOARD

March

25,

1993

WE SHRED IT,

 INC.,

)

Petitioner,

)

 PCB 92—180

)

 (Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

 (by 3. Theodore Meyer):

This matter is before the Board on two filings.

 On March

15,

 1993, petitioner We Shred It filed its third amended petition

for variance.

 The petition is accepted.

 As the Board has

previously noted, the filing of the amended petition restarted

the time period for decision in this case.

The second filing pending before the Board is a March 2,

1993 motion to intervene filed by the County of Christian.

The

county alleges that We Shred It’s waste tire disposal facility is

located in Christian County, that We Shred It has not posted any

financial assurance to ensure proper clean up of the waste tires

presently on site,

 and that the county has received no formal

commitment from the state that the state would assume the cost of

closure and proper disposal of waste products located at the We

Shred It site.

 The county contends that it is a timely applicant

for intervention, and that it will or may be bound by an order or

judgment in this action. Therefore, the county asks that it be

 allowed to “represent its interests and properly consider all

evidence, exhibits and proposed dispositions,

 if any to be

presented.”

 (Motion at 2.) We Shred It has not filed a response

to the county’s motion to intervene.

The Board grants the county’s motion to intervene.

The

county is so situated that it may be adversely affected by a

final order of the Board.

 (35 Il1.Adm.Code 103.142,

 104.141.)

The Board notes that We Shred It previously filed a waiver

of hearing, along with an affidavit in support of the second

amended petition.

 However, the third amended petition does not

include an affidavit in support of that petition, nor does it

waive hearing.

 Therefore, the Board must set this case 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

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2

hearing so that public notice of hearing 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,

 the 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,

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 recommendation 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

120 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

Enviromnental Protection Act sets a very short statutory deadline

for making a decision, absent a waiver, the Board will grant

i~O-022O

3

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

establish a scheduling order pursuant to the requirements of this

 order, and to adhere to that order until modified.

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

 ‘~T~\

 1993, by a vote of

~‘

~Dorothy

M.

$~in,

 Clerk

Illinois Poljution Control Board

QkO-0221