ILLINOIS POLLUTION CONTROL
    BOARD
    June
    10,
    1987
    EKCO GLACO CORPORATION,
    Petitioner,
    )
    V1.
    )
    PCB 87—41
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent1.
    ORDER OF THE BOARD (by
    B1.
    Forcade):
    On June 1, 1987, Ekco Glaco Corporation filed
    a response to
    Board Order, which the Board construes as an amended petition1.
    The Board notes that this information
    is unverified1.
    This matter
    is accepted
    for
    hearing1.
    Hearing must be scheduled within 14 days of the date of this
    Order and completed within 60 days of the date of this
    Order1.
    The hearing officer shall
    inform the Clerk of the Board of the
    time and location of the hearing 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 hearing1.
    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 Order1.
    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 above1.
    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
    possible1.
    Within 10 days of accepting this case, the Hearing Officer
    shall
    enter
    a
    Hearing
    Officer
    Scheduling
    Order
    governing
    completion
    of
    the
    record1.
    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)1.
    The Hearing Officer
    Scheduling Order may be modified by entry of a complete new
    scheduling
    order conforming with the time requirements below1.
    78-394
    —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 Board1.
    Any waiver must be an Nopen waiveru or a waiver of
    decision until a date certain1.
    Any waiver shall extend the time
    deadline of Section 1041.180 regarding filing the Agency
    recommendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 20 days
    before the hearing1.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be cancelled 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 hearing1.
    This
    should allow ample time for the Board
    to republish notice of
    hearing and receive transcripts from the hearing before the due
    date1.
    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 schedule1.
    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 circumstances1.
    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
    set a date pursuant to the fourth paragraph of this Order, and to
    adhere
    to that Order
    until modified1.
    IT IS SO ORDERED
    I,
    Dorothy
    M1. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify t
    t the above
    Order was adopted on
    the
    /O’t~dayof ______________________,
    1987,
    by a vote
    of
    ~
    1.
    Dorothy
    H1. ~unn, Cler
    Illinois Pollution Control Board
    78-395

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