ILLINOIS

POLLUTION

CONTROL

BOARD

January 7,

1993

VEACH

OIL

COMPANY

&

LAKE

OF

EGYPT

WATER

DISTRICT,

Petitioners,

v.

PCB

92—202

(variance)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF

TEE

BOARD

(by

G

•

T.

Girard):

On

December

7,

1992,

V.ach

Oil

filed

m

petition

for

variance

froa

35

Ill. Ads.

Code 602.105(a),

Standards

for

Issuance,

aM frau

35

Iii.

Ads.

Code

602.106(a),

Restricted

Itatus.

The

petition

asserts

that

“the

purpose

of

this

variance

request

is to allow the

extension

of

the

present

water

distribution

system

of

the

Lake

of

Egypt

Water

District

(Districtj

which

is

necessary

‘to enable

it to

serve

commercial

property

located

adjac.nt

to

th.

intersection

of.

Illinois

Route

148

with

Interstate

57

In

~axtrsae

southern

Willia~son County,

Illinois

which

property

.

is

aimed

by

the

petitioner”.

By order of

December

17, .1992, the Board ordered

Veach

to

file

an

amended’

petition

joining the

District,

end

supplying certain additional information.

On. December 28,

1992, the

Agency

filed

a motion to dismiss.

On January 5,

1993, Veach filed an amended petition.

The amended

petition joins the District as a petitioner and

r.qussts

bearing on

th. petition.

Veach has not

responded

to

the motion to dismiss.

Pursuant

to

the

Board’

s

December

17

order,

the

Board‘a

decision

tiseclock

restarted

on

January

5,

1993..

The

Agency’s

December

28,

1992

motion

to

dismis.

is

denied

as

soot, given

the

filing

of

the

January

5

amended petition.

However,

the Agency remains

free to file

a

new motion relating to the

January 5 petition.

This

matter

is

accepted

for

bearing.

Hearing

must

be

scheduled within

14 days

of

the

date

of

this

Order

and

coupisted

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 bearing 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 bearing.

Any

briefing schedule

shall

provide for final filings as expeditiously as possible and in no

0138-0321

---

2

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

th.

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 enc~uragedto 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

coapletion

of the record.

That Order shall

set a date

certain

for

each aspect

of

the

case

including:

briefing

schedule,

bearing

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’

schedul. 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

.váiivsr”

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

tiled

at

least

20

days

before

the

hearing.

Because

of requirements

regarding

the publication

of notice

of

bearing,

no

scheduled

hearing

may

be

cancelled

unles.

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 re~ubli.hnotice

of

bearing

and receive transcripts

from, the bearing before the

due.

date.

.

Any order by the hearing officer granting cancellation of

bearing shall include a complete new

scheduling order with a new

bearing 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 ..t.~~ Illinois

Environmental Protection Act sets a very short

statütor,

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

0138-0322

---

3

establish

a

Scheduling

Order

pursuant

to

the

requirements

of

this

order, anc~to adhere to that order until modified.

IT IS SO ORDERED

I, Dorothy H.

Gunn,

Clerk of the Illinois Pollution control

~

hereby certify

at the above

order

was

adopted

on

the

T’~4—~

day of _______________________, 1993, by a vote of

‘L~j

orothy Pt. Ø~n,

Clerk

Illinois Pc~~Zution

Control Board

0138-0323