ILLINOIS POLLUTION CONTROL BOARD
August 22,
1991
AMOCO OIL COMPANY,
)
(Wood River Plant)
)
)
Petitioner,
PCB 91—137
)
(Permit Appeal)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On August
14,
1991,
Amoco
Oil
Company
(“Amoco”)
filed
a
petition
for
NPDES
permit
review
for
its
Wood River
Plant
in
Madison County.
This matter
is accepted for hearing.
Debra
F.
Mitchell filed
a Motion to appear Pro
~
Vice.
This Motion
is
granted.
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 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
2
(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.
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
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 appear in the Board’s Opinion Volumes.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certj?fy that the above Order was adopted on the
~2’~-day
of
,/Z~z ~
,
1991, by a vote of 7~
Dorothy M. ~‘unn,Clerk
Illinois Pollution Control Board