ILLINOIS POLLUTION CONTROL BOARD

October 10, 1985

ALTON PACKAGING CORP.,

)

Petitioner,

v.

)

PCB 85—145

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On October 1, 1985, Alton Packaging Corporation tiled a

permit appeal. 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 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 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.

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 waiver11 or a waiver of

decision until a date certain. Any waiver shall extend the time

deadline 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.

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

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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 otficer to

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

IT IS SO ORDERED

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, h~.ebycertify that e above Order was adopted on

the /~‘

~-

day of _______________________, 1965, by a vote

of

~-

o

.

Dorothy N. nfl, Clerk

—

Illinois Pollution Control Board

.

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