ILLINOIS POLLUTION CONTROL 8OARD

September 20, 1985

CITIZENS UTILITIES COMPANY

)

OF ILLINOIS,

Petitioner,

v.

)

PCB 85—140

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDE~ROF THE BOARD (by B. Forcade)~

On September 13, 1985, Citizens Utilities Company of

Illinois filed Petition for Review of a NPDES permit. This

matter is accepted for hearing. Hearing must be scheduled within

14 days of the date of this Order and completed within 80 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 oEficer

shall submit an exhibit list and all actual exhibits to the Board

within 5 days of the hearing. The hearing officer may by order

set a schedule for submission of briefs. But such schedule shall

provide for final filings as expeditiously as possible and in no

event later than 90 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.

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

de~diine

of Section 105.102 regarding filing the Agency record by

the equivalent number of days, but in any circumstance the record

must be filed

at

least 10 days before

the hearing.

65-553

---

—2—

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisionmaking, 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

set a date pursuant to the second paragraph of this Order.

IT

IS SO OR~REO

I, Dorothy Gurin, Clerk of the Illinois Pollution Control

Board, hereby c~ ~fy t~iatthe above Order was adopted on

the

:~‘~‘

day c ________________________, 1985, by a vote

of

~9.

~

~?.

~

Dorothy M. inn, Clerk

Illinois Pollution Control Board