ILLINOIS POLLUTION CONTROL BOARD
    March 8, 1990
    USS CORPORATION STEEL (South Works)
    )
    a Division of USX Corporation,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 90—28
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On March 5, 1990, USS Corporation Steel filed a petition for
    variance from the Board’s rules at 35 Ill. Adm. Code 302.102,
    302.208, 302.210 and Subpart F. 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 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 to deliberate and reach
    a decision before the due date. The Hearing Officer and the
    parties are encouraged to expedite thi,s 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.
    —2—
    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 the 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 120 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.
    This Order will not appear in the Board’s Opinion Volumes.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boarq, hereby cerLify that the above Order was adopted on the
    ~
    day of
    7?’i
    t~~~~_L1 ,
    1990, by a vote of
    7~O
    Dorothy M.,4’unn, Clerk
    /~
    Illinois R~lution Control Board

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