ILLINOIS POLLUTION CONTROL BOARD
February 22, 1990
NATIONAL ENVIRONMENTAL
SERVICES CORPORATION,
Petitioner,
v.
)
PCB 89—129
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
• On October 17, 1989, National Environmental Services
Corporation (“NESC”) filed an amended petition to contest
conditions imposed on permit by the Illinois Environmental
Protection Agency (“Agency”).
Hearing in this matter was held December 13, 1989 at which
time a briefing schedule was entered. Briefs were due January
19, 1990, and reply briefs were due February 2, 1990. The Agency
filed its brief January 19, 1990. As of this date, NESC has not
filed its brief nor furnished the Board any waiver of decision
date.
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 grants extensions
or modifications only in unusual circumstances. Any motion for
an extension 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. At this
time, the filing of
a
brief by NESC would therefore be
inappropriate, unless accompanied by a waiver of decision
deadline for at least 90 additional days beyond the present
deadline of March 31, 1990 and a motion setting forth the above
matters. Nothing in today’s Order should be construed as a
waiver by the Board of the possibility of sanctions or other
appropriate action as a result of the failure to meet filing
deadlines.
The Board, on its own motion, will dismiss this matter at
its March 8, 1990 Board meeting, unless NESC files appropriate
and supportable documents by Tuesday, March 6, 1990.
IT IS SO ORDERED
I OS—227
—2—
Board Member J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
______
day of
-
- • •
,
1989, by a vote
of
~‘. --‘7
.
Dorothy M. Gunn, Clerk
Illinois Pollition Control Board
1
11~—223