ILLINOIS POLLUTION CONTROL BOARD
July 20,
1995
GENERAL MOTORS CORPORATION
)
(GM POWERTRAIN),
Petitioner,
v.
)
PCB 96-3
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by M.
McFawn):
On July 10,
1995,
General Motors Corporation
(GM Powertrain)
(GM)
filed a petition for permit review regarding its Danville
Casting Plant,
located
in Vermillion County.
Accompanying the
petition for review was a motion requesting that Louis
E. Tosi,
Esq.
and Michael
3.
O’Callaghan,
Esq.,
counsel for GM,
be allowed
to appear
pro hac vice,
and a motion to stay “all the terms and
conditions of the previous air operating permit.”
The Board
subsequently received a motion to withdraw the motion to stay on
July 19,
1995.
The motion to withdraw the motion to stay is
granted.
In its motion for
pro hac vice
appearance,
GM states that both
Louis
E. Tosi,
Esq. and Michael
3.
O’Callaghan,
Esq.,
are in good
standing before the Supreme Court of Ohio,
and that GM will
submit certificates of good standing from the Clerk of the
Supreme Court of Ohio.
The motion to appear pro
hac vice
is
hereby granted.
This matter
is accepted for hearing.
The hearing must be
scheduled and completed in a timely manner,
consistent with Board
practices and
the applicable statutory decision deadline,
or the
decision deadline as extended by a waiver
(petitioner may file
a
waiver of the statutory decision deadline pursuant to 35
Ill.
Adm. Code 101.105).
The Chief Hearing Officer shall assign a
hearing officer to conduct hearings.
The Clerk of the Board
shall promptly issue appropriate directions to the assigned
hearing officer consistent with this order.
The assigned 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,
a statement regarding credibility of witnesses and
all actual exhibits to the Board within five days of the hearing.
Any briefing schedule shall provide for final filings as
expeditiously as possible and,
in time—limited cases,
no later
than 30 days prior to the decision due date,
which is the final
2
regularly scheduled Board meeting date on or before the statutory
or deferred decision deadline.
Petitioner has filed an open—
waiver of the decision deadline
in this matter.
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.
The hearing
officer and the parties are encouraged to expedite this
proceeding as much as possible.
The Board notes that Board rules
(35 Ill.
Adm. Code 105.102) require the Agency to file the entire
Agency record of the permit application within
14 days of notice
of the petition.
This order will not appear in the Board’s opinion volumes.
IT IS
SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
rt~fythat the above order was adopted on the
~i~/_
day of
______________________
,
1995,
by a vote of
_________
(
) ~
Dorothy M. /~unn,Clerk
Illinois P~!LlutionControl Board