ILLINOIS POLLUTION CONTROL BOARD

March 27, 1986

LTV STEEL COMPANY,

Petitioner,

V.

)

PCB 86—43

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On March 20, 1986, LTV Steel Company filed a Petition for

Permit Appeal and Request for Hearing. 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 th~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

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 of requirements regarding the publication of notice

of hearing, no scheduled hearing may be canceled 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

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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 o~the Board shall be promptly informed of the new

schedule.

Because of 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

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date of

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1986, by a vote

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Dorothy M. G~nn, Clerk

Illinois Pollution Control Board