ILLINOIS POLLUTION CONTROL BOARD
    April 24, 1986
    AMERICAN STEEL CONTAINER
    COMPANY, DRUM SHOP,
    Petitioner,
    v.
    )
    PCB 86—23
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On April 15, 1986, American Stel Container Company, Drum
    Shop, filed an Amended Petition for Variance. 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 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 waiver” or a waiver of
    decision until a date certain. Any waiver shall extend the time
    deadline of Section 104.180 regarding filing the Agency
    recommendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 10 days
    before the hearing.
    69-261
    —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.
    IT IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~
    day of ________________________, 1986, by a vote
    of
    7W-c
    .
    Dorothy M. G’unn, Clerk
    Illinois Pollution Control Board
    69-262

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