ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    CITY OF ROODHOUSE,
    )
    a Municipal Corporation,
    )
    Petitioner,
    )
    PCB 93-18
    PCB 93—19
    v.
    )
    (Consolidated)
    (Underground Storage Tank
    ILLINOIS ENVIRONMENTAL
    Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    C. Marlin):
    These matters
    come before the Board
    on separate petitions
    filed on February
    2,
    1993,
    by City of Roodhouse,
    Greene County,
    seeking review
    of Agency
    determinations that
    corrective
    action
    costs
    are
    not
    reimbursable
    from
    the
    UST
    fund.
    Because
    the
    petitions concern corrective action costs for underground storage
    tanks at the same facility, during the same time period, the Board
    on its own motion hereby orders the proceedings consolidated.
    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 the 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
    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 provide
    the Board only 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),
    coi~pletionof 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
    0139-0099
    •
    2
    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 for 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.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    cert
    y
    that the above
    order
    was adopted
    on the
    i/~
    day of
    ____________________,
    1993, by a vote of
    ______
    Dorothy N. ,~nn,Clerk
    Illinois Póflution Control Board
    0139-0100

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