ILLINOIS POLLUTION CONTROL BOARD

April 13,

1995

EXCEL CORPORATION,

Petitioner,

v.

)

PCB 95—126

(Permit Appeal-Water)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD:

On April 7,

1995,

Excel Corporation filed a petition for

permit review regarding its facility located near Beardstown,

Cass County,

Illinois. This matter is accepted for hearing.

The hearing must be scheduled and completed in a timely

manner, consistent with Board practices and the applicable

statutory decision deadline, or the decision deadline as extended

by a waiver (petitioner may file a waiver of the statutory

decision deadline pursuant to 35 Ill. Adm. Code 101.105).

The

Board will assign a hearing officer to conduct hearings

consistent with this hearing, and the Clerk of the Board shall

promptly issue appropriate directions to that assigned hearing

officer.

The assigned 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,

a statement regarding credibility of witnesses and

all actual exhibits to the Board within five days of the hearing.

Any briefing schedule shall provide for final filings as

expeditiously as possible and,

in time—limited cases,

no later

than 30 days prior to the decision due date, which is the final

regularly scheduled Board meeting date on or before the statutory

or deferred decision deadline.

Absent any future waivers of the

decision deadline, the statutory decision deadline is now August

5,

1995

(120 days from April

7,

1995); the Board meeting

immediately preceding the due date is scheduled for August 3,

1995.

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

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2

date in conformance with the schedule above.

The hearing officer

and the parties are encouraged to expedite this proceeding as

much as possible.

The Board notes that Board rules

(35 Ill. Adm.

Code 105.102) reauire the Agency to file the entire A~encyrecord

of the permit ap~1icationwithin 14 days of notice of the

Petition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy

14. Gunn,

Clerk of the Illinois Pollution Control~-

Board, hereby ce~tify,.that the above order was adopted on the

t~~

day of

,

1995,

by a vote of

~

,

Clerk

ution Control Board