ILLINOIS POLLUTION CONTROL BOARD

May 16, 1985

DUPAGE PUBLICATIONS CO.,

Petitioner,

v.

)

PCB 85—70

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J,

D,

Dumelle):

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.

The hearing officer may

by order

set

a schedule for submission of briefs.

But such

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.

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,

64-89

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—2—

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.

IT

IS SO ORDERED

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

/6~-day of

7~a~

,

1985, by a vote

of

~.—o

.

/

Dorothy

N. Gunn, Clerk

Illinois Pollution Control Board

64-90