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