ILLINOIS POLLUTION CONTROL BOARD
    February
    6,
    1986
    DUPAGE PUBLICATIONS COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 86—15
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On January 24, 1986, DuPage Publications Company (“DuPage”)
    filed
    a Petition
    for Review of Permit.
    That Petition requests
    review of four permits and one permit denial.
    DuPage claims
    existing permits
    for
    the affected heatset web offset presses are
    already under
    review in PCB 85—70
    and PCB 85—44.
    By today’s
    Order
    the Board
    is:
    1)
    Requesting a response from the Agency;
    2)
    Requesting an amended Petition for Review from DuPage;
    and
    3)
    Setting
    a preliminary scheduling Order.
    The Board requests that not later
    tha!1 February
    24,
    the
    Agency respond regarding whether
    this permit appeal should be
    dismissed as
    the permit decisions
    for which review is sought are
    void under
    the theory articulated
    in Auburn and Caterpillar.
    The Board requests that not later than February
    24,
    1986,
    DuPage file an amended petition
    for
    review which includes Exhibit
    1
    and Exhibit
    2
    (the four 1986 permits and the permit denial
    letter).
    These exhibits are referenced
    in the present Petition,
    but are not attached.
    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.
    —2—
    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 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.
    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
    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, hereby certify
    th
    the above Order was adopted on
    the
    ______
    day of ________________________, 1986,
    by a vote
    of
    7—~
    .
    Dorothy M.
    G~ánn,Clerk
    Illinois Pollution Control Board

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