ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    THE ENSIGN-BICKFORD COMPANY,
    AND TROJAN CORPORATION
    )
    )
    Petitioners,
    V.
    )
    PCB 88—156
    PCB
    88—168
    CONSOLIDATED
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by M.
    Naudulli):
    On March
    15,
    1989, the petitioners
    in the above—captioned
    matters
    filed motions
    to consolidate and amended petitions.
    The
    Agency did not file
    a response to the motions
    to consolidate.
    The Board
    finds
    that
    common issues
    in the matter are predominant
    and that consolidation will not prejudice
    the position
    of any of
    the parties involved.
    The Board will,
    therefore, consolidate
    to
    facil itate administrative convenience.
    The amended petitions
    are also accepted by
    the Board.
    It
    is
    noted
    that
    the filing
    of the amended petitions extends
    the
    statutory decision deadline
    for this matter until July 13,
    1989.
    It
    is also noted
    that any future grants
    of extension
    of
    the statutory decision deadline must be by joint agreement of the
    pacties consolidated.
    In the amended petitions of March
    15,
    1989,
    both parties
    request
    a hearing
    on
    their
    request
    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
    sha,ll
    provide
    for
    final
    filings
    as
    expeditiously
    as possible and
    in no event
    later
    than
    70 days
    from
    the
    date
    of
    this
    OLc3eL.
    If after appropriate consultation with the parties,
    the
    patties
    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
    98—37
    —2—
    date
    in conformance with the schedule above.
    This schedule will
    only provide
    the Boad
    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 Heating Officer
    Scheduling Order
    may
    be 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
    fo 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 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
    set a date pursuant
    to the fourth paragraph of this Order,
    and
    to
    adhere
    to that Order
    until modified.
    IT
    IS SO ORDERED.
    98—38
    —3—
    I, Dorothy M Gunri, Clerk of the Illinois Pollution Control
    Board, hereby certify th
    _____________
    day of
    ~~~~above
    Order was adopted on the
    _____________
    _________________________,
    1989, by
    a vote of
    ~y-o
    Dorothy
    M
    G9~Ø~,Clerk,
    Illinois
    PoL~’ütion
    Control
    Board
    98—39

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