ILLINOIS POLLUTION CONTROL BOARD
March
8,
1990
SHELL OIL COMPANY,
)
)
Petitioner,
)
V.
)
PCB 90-27
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On March
5, 1990,
the Shell Oil Company filed a petition for
variance from the Boardts
rules
at
35
Ill.
Adm.
Code
302.102,
302.208 and Subpart
F.
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 as expeditiously as possible but 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.
2
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.
Because of requirements regarding the publication of notice
of
hearing,
no
scheduled
hearing
may
be
canceled
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
decisioninaking,
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 fourth paragraph of
this Order,
and to adhere to that Order until modified.
This Order will not appear in the Board’s Opinion Volumes.
IT IS SO ORDERED
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby c~tify that the above Order was adopted on the
~~~day
of
~1~6-s.-c_i~-~
,
1990, by a vote of
_______
Dorothy M~Gunn, Clerk
Illinois Pollution Control Board