ILLINOIS POLLUTION CONTROL BOARD
    April 24, 1986
    MONSANTO COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 86-62
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,AND UNITED
    )
    STATES ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondents. )
    ORDER OF THE BOARD (by B. Forcade):
    On April 21, 1986, the Monsanto Company filed 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, written schedule for
    submission of briefs if any and all actual exhibits to the Board
    within 5 days of the hearing. Any briefing schedule shall
    provide for Einal filings as expeditiously as possible and in no
    event later than 70 days Erom 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
    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.
    69-291
    —2-
    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
    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 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 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.
    The parties are ordered to provide briefs to the Board not
    later than May 15, 1986, on whether the Board has jurisdiction to
    join USEPA as a necessary party in an adjudicatory proceeding.
    Additionally, the parties are requested to provide comments
    on whether PCB 86-62 and 63 should be consolidated into one
    proceed in~
    Additionally, the parties are ordered to provide briefs to
    the Board not later than May 15, 1986, on whether the Board has
    authority to entertain this Permit Appeal. The parties attention
    is directed to Landfill, Inc. v. Pollution Control Board, 74 Ill.
    2d 541 (1978); Village of Gilberts v. Holiday Park, PCB 85—96
    (August 15, 1985); and 35 Ill. Adm. Code l05.1O2(b)(3).
    The motion by Monsanto for leave to appear is granted.
    IT IS SO ORDERED
    Chairman J.D. Dumelle and Board Member
    3.
    Anderson
    dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the c~/~day of _______________________, 1986, by a vote
    of -5--i’?
    .
    Dorothy M. Cu n, Clerk
    Illinois Pollution Control Board
    69-292

    Back to top