ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1993
    WE SHRED IT,
    INC.,
    )
    Petitioner,
    V.
    PCB 92—180
    )
    (Variance)
    ILLINOIS ENVIRON~(ENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    3. Theodore Meyer):
    On January 20,
    1993, We Shred It,
    Inc. filed an amended
    petition for variance.
    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 and all
    actual exhibits tóthe
    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 bearing
    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.
    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
    2
    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
    320 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
    bearing 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.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Bgard, hereby cer
    fy that the above order was adopted onjthe
    ~(/-~
    day of
    __________________,
    1993, by a vote of
    ~c
    —o
    Dorothy N. G~1n,Clerk
    Illinois Po1~(ition Control Board
    0138-01172

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