ILLINOIS POLLUTION CONTROL BOARD
April
24,
1986
AMERICAN STEEL CONTAINER
COMPANY, PAIL SHOP,
Petitioner,
v.
)
PCB 86—22
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On April
15,
1986, American Steel Container Company,
Pail
Shop,
filed an Amended Petition for Variance.
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 104.180 regarding filing
the Agency
recommendation by the equivalent number of days,
but
in any
circumstance the recommendation must
be filed at least
10 days
before
the hearing.
69.259
—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 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,
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, h~ebycertify
tha,t the above Order was adopted on
the
~~day
of ______________________,
1986,
by
a vote
of
—~‘—c
.
/
Dorothy
M. Gun~,Clerk
Illinois Pollution Control Board
69.260