ILLINOIS POLLUTION CONTROL BOARD
    October 23, 1986
    KYANIZE PAINTS, INC.,
    Petitioner,
    v.
    )
    PCB 86—182
    )
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This permit appeal, filed October 17, 1986, seeks review of
    modifications to a closure plan issued pursuant to 35 Ill. Adm.
    Code Part 725 of the Board’s RCRA regulations.
    The petition was accompanied by two motions. The first, a
    motion by Thomas M. McMahon and Angus Macbeth for leave to appear
    pro hac vice, is hereby granted. The second is a motion for
    extension of the date for the setting and commencement of
    hearing, accompanied by a waiver of the decision date. This
    motion is referred to the Hearing Officer for disposition, as
    such postponements are within the discretion of the Hearing
    Officer upon the filing of an adequate waiver of the decision
    deadline. The Board must comment, however, that the decision
    period in this matter is 120 days pursuant to Section 40 (a)(3)
    of the Act; petitioner’s citation to 35 Ill. Admn. 104.220
    concerning a 90 day decision period for variance is inapposite.
    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 as expeditiously as possible but at least 40 days in
    advance of hearing so that public notice of hearing may be
    published. After hearing, the hearing officer shall suhinit an
    exhibit list, and all actual exhibits to the Board within 5 days
    of the hearing. Any briefing schedule shall provide for final
    filings a~expeditiously as possible and in rio 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
    73.419
    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.
    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.
    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
    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 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
    establish a scheduling Order pursuant to the fourth paragraph of
    this Order, and to adhere to that Order until modified.
    IT IS SO ORDERED.
    73-420
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the ~3~~day
    of __________________________,
    1986, by a vote
    of
    _______________
    24.
    Dorothy M. Guni, Clerk’
    Illinois Pollution Control Board
    73-421

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