ILLINOIS POLLUTION CONTROL BOARD
    June 21,
    1990
    VILLAGE OF SAUGET,
    Petitioner,
    v.
    )
    PCB 90—113
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On 15,
    1990,
    Village of Sauget filed a petition for
    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 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
    —2—
    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
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, 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 requirements of this
    Order, and to adhere to that Order until modified.
    This Order will not be published
    in the Board’s Opinion
    Volumes.
    IT
    IS SO ORDERED
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify t,k~tthe above Order was adopted on
    the c~/’~dayof
    ____________________,
    1990,
    by a vote
    of
    .7-0
    .
    Illi
    lution Control Board

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