ILLINOIS POLLUTION CONTROL BOARD
    May 14,
    1987
    JOLIET
    SAND
    AND
    GRAVEL
    COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 87—55
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent..
    )
    ORDER OF THE BOARD (by
    B.. Forcade):
    On April
    30, 1987,
    Joliet Sand and Gravel Company filed a
    petition for hearing to contest permit denial,.
    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 as expeditiously as possible but
    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
    (if necessary)..
    The Hearing Officer
    Scheduling Order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below..
    78-30
    —2—
    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 Nopen 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
    75 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 decisionniaking, 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 fourth paragraph of
    this Order,
    and to adhere to that Order
    until modified,.
    The Board notes that Joliet appealed a previous denial of
    this permit to the Board, and the Board,
    in PCB 86—159, affirmed
    the Agency’s denial..
    Joliet has appealed the Board’s decision to
    the Illinois Appellate Court
    in Joliet Sand and Gravel Company
    v..
    Illinois Pollution Control Board and Illinois Environmental
    Protection Agency, Appeal No
    3—87—0141,.
    That case
    is presently
    pending before the Appellate
    Court..
    The Board questions whether
    it has jurisdiction to adjudicate
    the present petition in light
    of the Appellate Court’s jurisdiction over that appeal..
    The
    Board does not have sufficient facts before it to determine
    whether the instant petition is an action separate and distinct
    from the prior petition,
    or whether these actions are,
    in fact,
    so similar
    as to divest the Board of its jurisdiction,.
    Therefore, the Board requests that the parties submit briefs on
    this
    issue..
    The briefs shall be due within twenty—one
    (21) days
    of the date of this Order,.
    IT
    IS SO ORDERED
    Board Member Joan Anderson concurred,.
    78-31
    —3—
    I, Dorothy
    M,. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /~L~dayof
    _____________________,
    1987,
    by a vote
    of
    (~—o
    ..
    Dorothy M../Gunn, Clerk
    Illinois Pollution Control Board

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