ILLINOIS POLLUTION CONTROL
    BOARD
    April 23,
    1992
    HEICO INCORPORATED,
    )
    Petitioner,
    PCB 90—196
    v.
    )
    (Permit Appeal)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by N.
    Nardulli):
    This matter comes before the Board on a joint motion to
    reconsider and a joint motion to vacate the Board’s order and for
    other relief filed on April
    16,
    1992.
    The motions ask that the
    Board vacate its April
    9,
    1992 order which directed the hearing
    officer to schedule this matter for hearing by April
    16,
    1992,
    and to finish all hearings by May 29,
    1992.
    On April
    9,
    1992,
    when the Board issued its order the decision in this case was
    due July 2,
    1992.
    The motion to reconsider states that the Board failed to
    follow its own procedural rules by taking action on the Board’s
    own motion without providing the parties an opportunity to reply.
    Further, the motion states that “n)o
    provisions in the Board’s
    procedural rules allow for such action on the part of the Board”.
    The Board is not a party to this action; therefore, the Board is
    not subject to the procedural rules.
    Further, the Board is at a
    loss to understand the implication, by the movants, that the
    Board lacks the authority to control its
    own
    docket.
    In this case,
    the decision due date was fast approaching and
    no hearing had been held nor had a hearing been scheduled.
    This
    case was originally filed 18 months ago and prior to this motion,
    the parties had taken no action on the record other than to waive
    decision deadline to a date certain.
    Under the Illinois
    Environmental Protection Act (Act),
    the Board must make a
    decision prior to the decision deadline or the permit could be
    deemed issued.
    Further, the Board is required to hold a hearing
    prior to issuing its decision.
    (Ill. Rev.
    Stat.
    1991,
    ch.
    113.
    1/2, par.
    1040).
    The Act imposes a duty on the Board to insure
    that hearings are timely scheduled and held.
    Therefore,the
    Board set this case for hearing to avoid the any possibility that
    the decision deadline would be missed.
    (See Illinois Power
    ComPany v. Illinois Pollution Control Board,
    68
    Ill.
    Dec.
    176,
    445 N.E.2d 820
    (1983)).
    The parties have filed a waiver of the decision deadline
    133—127
    2
    until October 30, 1992.
    The parties also state that they
    “believe it may be possible to accomplish settlement of this
    matter within
    3.20 days”.
    Further, the parties believe that a
    hearing at this time would be “an unproductive expenditure of
    Heico’s, the Agency’s and the Pollution Control Board’s manpower
    and resources”.
    (Motion at 3).
    Therefore,
    the Board will
    reconsider its order of April
    9,
    1992 and the Board will vacate
    the order setting this case for hearing.
    The Board directs the
    parties to submit a status report to be received by the Board no
    later than June 15,
    1992.
    The Board notes that the June 15 date
    will allow the Board the time necessary to hold a hearing prior
    to the October 30,
    1992 decision deadline,
    if a hearing is
    necessary.
    IT IS SO ORDERED.
    B. Forcade concurred.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, h~rebycertify tha
    the above order was adopted on the
    ~-~-~‘
    day of
    ________________,
    1992,
    by a vote of
    7-C
    .
    Dorothy N.
    53~mnn, Clerk
    Illinois P~X~lutionControl Board
    133—128

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