ILLINOIS POLLUTION CONTROL BOARD
    July 11,
    1986
    ABBOTT LABORATORIES,
    )
    Petitioner,
    )
    v.
    )
    PCB 86—99
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    Anderson):
    On July 11, 1986, Abbott Laboratories filed
    a permit
    appeal.
    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.
    71-64

    —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
    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 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 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
    establish
    a scheduling Order pursuant
    to the fourth paragraph of
    this Order, and
    to adhere to that Order until modified.
    IT
    IS SO ORDERED
    I,
    Dorothy
    ii. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that”~he~bove Order was adopted on
    the
    ,/~
    day of
    -
    ,
    1986, by a vote
    of
    ‘-o
    .
    ILL
    I
    2~~7LY
    Doró?hy
    M
    *
    GjliiiI,
    Cler
    Illinois Pollution Control Board
    71-65

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