ILLINOIS POLLUTION CONTROL BOARD
    December
    18,
    1986
    JOLIET SAND AND GRAVEL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 86—159
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER
    CF THE BOARD
    (by 3.
    Anderson):
    This matter comes before the Board on Joliet’s November 20,
    1986 emergency motion for continuance, the Agency’s November
    24
    response
    in opposition thereto, and Joliet’s December
    16
    supplement
    to the emergency motion.
    As hearings have been held
    since
    the filing of the November 20 motion, the Board will
    discuss only the request
    in the December
    16 supplement, which
    is
    that the hearing presently scheduled
    for January 13 be continued
    on
    the ground that
    it
    is “impossible”
    to complete discovery and
    prepare
    for hearing
    on
    that date.
    (Joliet also stated that
    several discovery motions as well
    as
    a motion
    to compel were
    pending before
    the Hearing Officer; these were addressed
    in
    a
    Hearing Officer Order on December 17.)
    The motion
    for continuance
    is denied.
    As Joliet noted
    in
    its November
    20 motion, decision
    in this matter
    must
    be made by
    the Board
    on or before January
    28
    to avoid issuance of
    a permit
    by operation of law;
    the regularly—scheduled Board meeting
    closest
    to that date
    is January 22.
    The hearing has been
    scheduled at the last possible time
    to allow for Board
    deliberation of this record upon its receipt of expedited
    transcripts.
    The hearing can be continued only
    in the event Joliet
    chooses
    to waive
    the decision date
    for sufficient time to allow
    for continuation of the
    hearing, proper
    noticing
    of that hearing,
    and sufficient time for Board deliberation of the record.
    If
    Joliet chooses
    to so waive,
    it can apply to
    the Hearing Officer
    for
    a continuance.
    If Joliet does not choose
    to waive,
    hearing
    will proceed.
    As
    to the discovery matters,
    if they remain
    unresolved Joliet may address appropriate motions
    to the Board.
    Again,
    the motion
    for continuance
    is denied.
    IT
    IS SO ORDERED.
    74-294
    —2—
    I,
    Dorothy
    H. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ____________
    day of
    ________________________,
    1986 by
    a vote
    of
    Dorothy
    M. ‘Gunn, Clerk
    Illinois Pollution Control Board
    74-295

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