ILLINOIS POLLUTION CONTROL BOARD
October 24, 1985
CENTRAL ILLINOIS PUBLIC SERVICE
)
COMPANY (Cotteen Unit 1 and
2)
)
)
Petitioner,
•
v.
PCB 85—156
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE
BOARD
(by B. Forcade):
On October 18, 1985, Central Illinois Public Service Company
filed a permit appeal.
This matter
is accepted for hearing.
Hearing Lust 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.
The
hearing officer may by order set a schedule for submis#ion of
briefs.
But such schedule shall provide for final filings as
expeditiously as possible and in no event later than
79
days from
the date of this Order.
If after appropriate consultation with the parties, the
parties fail to provide an acceptable hearing date or
j.f after an
attempt the hearing officer
is unable to consult with ~he
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 uopen 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.
06-187
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,
heating, 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.
IT IS SO ORDERED
I, Dorothy N. Gunn,
Clerk
of the Illinois Pollution
Control
Board, hereby certify that the above Order was adopted on
the 4~’ day of
-
,
1985, by a vote
of
-7,—c
4~4,
Yh.
Dorothy N. Gunn, tlerk
Illinois Pollution Control Board
se-In