ILLINOIS POLLUTION CONTROL BOARD
March 8, 1990
MUL’~I-COUNTYL~.NDFILL, INC.,
Petitioner,
)
V.
)
PCB 90-32
)
(Permit Appeal)
ILLNOIS ENVIRONMENTAL
PRO’IECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On March 6, 1990, Multi-County Landfill, Inc. filed a petition
for review of a permit denial for the acceptance of wastes
generated from Leaking Underground Storage Tanks/Underground
Storage Tanks at its sanitary landfill in Douglas County, Illinois.
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 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
2
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
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 ORDEREDI.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~~~day of
_____________________,
1990, by a vote of
7—”
Dorothy M./~inn, Clerk
Illinois Pbllution Control Board