ILLINOIS POLLUTION CONTROL
    BOARD
    October
    31, 1990
    GALLATIN NATIONAL COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 90—183
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J.
    Anderson):
    By its Order of October
    25, 1990,
    in this matter, the Board
    determined that
    a) Section 38(b) of the Act automatically stays
    the applicability of
    35
    Ill. Adm. Code 312
    to Gallatin during the
    pendancy of this variance proceeding,
    and
    b)
    the Agency’s
    December
    19, 1990 decision deadline
    in which to make a decision
    pursuant to 39(a)
    on Gallatin’s pending April
    23,
    1990 permit
    application is tolled during the pendancy of the variance
    proceeding,
    since the Agency’s permit decision would be based on
    questions relating to the same issues involved in this variance
    proceeding.
    The Board reserved ruling on the Agency’s October
    23
    motion for expedited hearing and decision.
    Pursuant to the directive in the Board’s Order of October
    11, Gallatin filed
    its response to the Agency’s motion on October
    29,
    to enable the Board to address this motion at today’s special
    meeting.
    Gallatin states that
    it does not oppose the Agency’s
    motion,
    but requests that hearing be set within 21 to 30 days
    from today’s date,
    to allow it
    to conduct discovery and prepare
    for hearing.
    Gallatin further states:
    A
    hearing
    scheduled
    within
    twenty—one
    to
    thirty-days
    would
    not
    prejudice
    the
    Agency,
    since the Agency’s only reason for moving
    for
    an
    expedited
    hearings
    appears
    to
    have
    been
    resolved
    by
    this
    Board’s
    order
    tolling
    the
    decisional
    deadline
    on
    the
    pending
    permit
    application.
    (Motion,
    p.
    2).
    The Agency’s motion for expedited hearing and decision
    is
    hereby granted.
    Section 38(b)
    of
    the Act provides that the Board
    “may hold a hearing upon
    this
    petition
    5 days from the date of
    notice of such hearing.”
    The Board has been advised by the
    Hearing Officer
    that he has scheduled hearing to commence
    November
    29,
    1990,
    to be continued day—to-day until completed.
    115—501
    —2—
    The Board sees no reason to require that hearing be held at an
    earlier time in the event that Gallatin explicitly waives its
    right to challenge the Board’s Order of October 25.
    If the Board
    receives an appropriate written waiver on or before November
    2,
    1990, hearing shall proceed as presently scheduled.
    In the
    absence of a waiver,
    in order
    to be able to quickly give notice,
    the Hearing Officer
    is directed to schedule hearing within
    7 days
    of the date of this Order and to hold and complete hearing no
    later than 21 days from the date of this Order.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    .g/.~2#
    day of
    ____________,
    1990, by a vote of
    .5~-O
    Il
    Control Board
    115—502

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