ILLINOIS POLLUTION CONTROL BOARD

January 23,

1986

ILLINOIS POWER COMPANY,

Petitioner,

v.

)

PCB 86—12

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On January

12,

1986, Illinois Power Company filed

a Petition

for Review of NPDES Permit.

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 waiver”

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.

—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 th

t

the above Order was adopted on

the ~3/~’-~’(day

of

________

___________,

1986,

by

a vote

of

~

.

Dorothy M. ,~unn,Clerk

Illinois Pollution Control Board