ILLINOIS POLLUTION CONTROL BOARD
November
7,
1985
~ESTERN ILLINOIS PO~ER
COOPERATIVE,
IWO.,
)
Petitioner,
V.
)
PCB 85—164
iLLINOIS
ENVLRONMENTAL
PROTECTION
AC~C~,
Respondent.
ORDER
OF
THE
T:T\RD
(by
B.
Forcade):
On
Octobe,:
24,
1985,
1~estern Illinois
Power
Cooperative,
Inc.
(
esterrY~
filed
a
Permit
Appeal
and
a
Motion
to
Consolidate.
This
matter
is
accepted
for
hearing,
Hearing
must
be scheduled within 14 days of
the date of this Order
and
completed within
80 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 and all actual
exhibits
to the Board within
5 days
of the hearing.
The hearing
officer may by order
set
a schedule
for submission of briefs.
But such schedule shall provide for final filings as
expeditiously
as possible and
in no event
later than 90 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
waivert’
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
f~iieh
least 10 days before
the hearing.
66~
331
—2—
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.
~estern~s Motion
to Consolidate
this permit
appeal
with
the
contemporaneonThy filed Variance Request
(PCB 85—165)
is
denied.
The
‘~yndards
for the two types of proceedings are
fundamentally
~fferent and consolidation would be
inappropriatc
IT
S
SO ORDERED
I,
Dorothy
N.
Gunn, Clerk
of
the Illinois Pollution Control
Board,
hereby
certify
that the above Order was adopted on
the
7~
day
of
4~,
1985,
by
a vote
of
Dorothy
M. dunn, Clerk
Illinois Pollution Control Board
66~332