ILLINOIS POLLUTION CONTROL BOARD
April
24,
1986
VILLAGE OF SAUGET,
Petitioner,
v.
)
PCB 86-57
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,AND
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
ORDER OF THE BOARD
(by B.
Forcade):
On April
18,
1986,
the Village of Sauget
filed
a Permit
Appeal.
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.
69-266
—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 decisionrnaking,
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.
The parties are ordered
to provide briefs
to the Board not
later than May 15,
1986,
on whether
the Board has jurisdiction
to
join USEPA as
a necessary party in an adjudicatory proceeding.
Additionally,
the parties are requested to provide comments
on whether PCB 86—57 and 58 should be consolidated into one
proceeding
IT
IS
SO ORDERED
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, he~ebycertify that
the, above Order was adopted on
the
~/(~A
day of
C~-i
~
,
1986,
by a vote
of
_______.
‘/7
-
~
~.
Dorothy
M.
G(inn, Clerk
Illinois Pollution Control Board
69-267