ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    CATTY CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 88—169
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B.
    Forcade):
    On October
    20,
    1988, Catty Corporation filed a petition for
    variance.
    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 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 modified by entry
    of
    a complete new
    scheduling order conforming with the time requirements below.
    93—313
    —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.
    Any waiver
    shall extend the time
    deadline of Section 104.180 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 hearing.
    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 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
    arid
    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
    set a date pursuant
    to the fourth paragraph of this Order, and
    to
    adhere
    to that Order
    until modified.
    This Order will not be published in the Board’s Opinion
    Volumes.
    IT
    IS SO ORDERED
    I, Dorothy M.
    Gunri, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    $‘~
    day of _______________________,
    1988,
    by a vote
    of
    4-0
    .
    Dorothy
    Gunn, Clerk
    Illinois Pollution Control Board
    93—314

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