ILLINO1~ F~LLUIION COt’~TRCL BCARD
    August 6, 1987
    PIKE COUNTY SAND AND GRAVEL,
    Petitioner,
    v.
    )
    PCB 87—50
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by
    3.
    Anderson):
    Pending Motions
    This permit appeal proceeding was initiated by an April 24,
    1987 filing. Pursuant to the Board’s Order of April 30, 1987
    noting various deficiencies, an amended petition was filed on
    July 23; the Board’s 120 day decision period commences with the
    July 23 filing.
    On August 4, ttie Agency filed a motion for dismissal of
    PSG’s request for a determination that it’s facility is exempt
    from permit requirements pursuant to 35 Ill. Adm. Code
    404.103(a)(3), and a special appearance relative to the motion,
    as well as a motion for extension of time to file its record.
    The latter motion requests 14 days beyond the date of the Board’s
    disposition of the motion for dismissal.
    On August 5, PSG filed a response in opposition to both
    Agency motions, anb requested that the special appearance be
    stricken.
    The Agency’s motion to dismiss is denied. The issue of the
    applicability of the exemption is most properly determined after
    the factual context of the legal issues is developed during the
    course of the appeal. This holding moots the special appearance
    issue. The Agency’s motion for extension is granted; the
    Agency’s Record shall be filed on or before August 21.
    Hearing Procedures
    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
    80-99
    time and location of tne 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 submit an exhibit list, and all actual exhibits to the
    doard 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 provi~3ean 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.
    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 ofticer 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
    80—100
    n
    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 SC ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi,~ythat the above Order was adopted on
    the ~ day of
    __~—t-
    ,
    1987, by a vote of
    ~O
    ~1~zT
    17)
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    80—101

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