ILLINOIS POLLUTION CONTROL BOARD
December
6,
1989
MOTOROLA,
INC.,
Petitioner,
v.
)
PCB 89—193
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On November
28,
1989, Motorola,
Inc.
(“Motorola”)
filed a
petition for hearing
to review certain conditions imposed
by
the
Illinois Environmental Protection Agency
(“Agency”)
in
its RCRA
closure plan permit.
To facilitate appropriate notice of
hearing,
the Agency
is directed
to file with the Board,
as soon
as possible,
any notice list
it may have developed during the
process
of issuing this permit.
This matter
is accepted
for
hearing.
As originally filed with the Board,
the 120-day decision
deadline for this matter
is March
28,
1990.
Motorola has
provided the Board with an “open waiver”
of decision deadline,
‘not subject
to revocation,
until June
1,
1990.”
An open waiver
is not subject
to revocation,
therefore,
the Board construes
this
as a limited waiver until June
1, 1990
(i.e.,
for an additional
65 days).
Motorola has filed a motion for extension
of hearing
dates.
The Board will refer this
to the hearing officer.
Any
extension of hearing dates must be consistent with the time
constraints
of this Order
and any extensions
of the decisio~:
deadline which may be granted
by Motorola.
This matter concerns closure and post—closure care issues,
and the parties are particularly directed to Board Opinions and
Orders
in Browning—Ferris
Industries
v.
EPA,
?CB 84—136, Ma~ 5,
1988,
aff’d,
179 Ill.
App.
3d
598,
534 N.E.2d 616
(2d Dist.
1989); Marley—Ingrid
(USA),
Inc.
v.
EPA,
PCB 88—17, January
19,
1989;
Tesror
Corporation
v.
EPA,
PCB 88—191,
November
2,
1989
for
discussions of
standards
of review and burdens of proof.
he
only issues before the Board are whether
correct permitting
procedures were followed and whether
the application demonstrates
that the Thvironmentai Protection Act and board regulations will
or will not be violated.
11)6—59
—2—
For each contest?~dcondition,
the Board expects, and
strongly encourages
the parties to state the applicable
regulatory
la~.. and relevant
facts, with appropriate record
citations, which demonstrate that
a violation
is likely or
unlikely
to occur.
The parties are urged to focus
on RCRA
~p~ate,
USEPA Regulations,
R87—39,
February
25, 1988 and June
16,
1988 and R67—26,
December
3,
1987.
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
inforT
the Clerk of
the Board
of the
time and loc~:tionof the hearing as expeditiously
as possible
but
at
least
40 days
in advance
of hearing so that public notice
:f
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 wit;h 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.
~iLhin
10 days of accepting this case,
the Hearing Officer
shall enter
a Hearing Off~cer 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 hearinq 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.
Because of requirements regarding the publication of notice
of hearing,
no scheduled hearing may
be canceled 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
1116—(-M
—3—
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
establish a scheduling Order pursuant
to the
fifth paragraph 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
~
~
,
1989,
by a vote
of
~
.
/
/7
j
~)
~
Dorothy M.
G~5i~n,Clerk
Illinois Po/jzution
Control Board
106—f~1