ILLINOIS POLLUTION CONTROL BOARD
    August 22,
    1991
    VILLZ~GEOF CHANNAHON,
    Petitioner,
    v.
    )
    PCB 91—121
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On July 17,
    1991,
    the Village of Channahon filed a petition
    for variance.
    On August 8,
    1991, the Board received an objection
    to the grant
    of variance.
    This matter
    is accepted for hearing.
    The Hearing
    Officer
    is
    required
    to
    inform the objector
    of
    the
    hearing pursuant to 35
    Ill. Adm. Code 104.200(b):
    The Hearing Officer shall give notice of the
    hearing in accordance with 35 Ill.
    Adm. Code
    103.123(b), at least 21 days before the hearing
    to the petitioner,
    the Agency, and anyone who
    has filed an objection to the petition.
    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
    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 eve~ntlater 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
    0
    2
    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.
    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
    20
    days
    before the hearing.
    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
    120
    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
    making
    a
    decision,
    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 requirements of this
    Order,
    and to adhere to that Order until modified.
    This
    Order
    will
    not
    be published
    in
    the
    Board’s
    Opinion
    Volumes.
    IT IS SO ORDERED
    3
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certif~7that the above Order was adopted on the
    day of
    ____________________,
    1991,
    by a vote of
    7—~
    Dorothy M.
    nfl, Clerk
    Illinois Pollution Control Board

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