ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1986
    EKCO GLACO CORPORATION
    )
    )
    Petitioner,
    v.
    )
    PCB 86—91
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by ~l.Anderson):
    On June 23, 1986, Ekco Glaco Corporation filed a Petition To
    Extend Air Variance. Paragraph one of Ekco’s petition seeks to
    incorporate the record, Opinion and Order of Ekco’s prior
    variance proceeding, PCB 85—29, into this proceeding. The Board
    will incorporate the prior Opinion and Order by reference.
    However, any other portion of the prior record which Ekco desires
    to incorporate into this proceeding must be reproduced and filed
    with the Board as a supplemental filing or introduced at
    hearing. The Board will not incorporate the prior record by
    reference.
    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. 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.
    71.54
    —2—
    Within 10 days of accepting this case, the Hearing Officer
    shall enter a Hearing Officer Scheduling Order governing
    completion of the record. That Order shall set a date certain
    for each aspect of the case including: briefing schedule,
    hearing date(s), completion of discovery (if necessary) and pre—
    hearing conference (if necessary). The Hearing Officer
    Scheduling Order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    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 20 days
    before the hearing.
    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 complete new scheduling order with 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 decisioninaking, 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 fourth paragraph of this Order, and to
    adhere to that Order until modified.
    IT IS SO ORDERED
    71-55
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the bove Order was adopted on
    the
    ~
    day of _______________________, 1986, by a vote
    Dorothy M. Q’unn, Clerk
    Illinois Pollution Control Board
    71-56

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