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    ILLINOIS POLLUTION CONTROL BOARD
    January 18,
    1991
    QUANTUM CHEMICAL CORPORATION,
    )
    USI DIVISION,
    )
    Petitioner,
    v.
    )
    PCB 91—6
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On January 10, 1991 Quantum Chemical Corporation, USI
    Division filed a petition for permit review.
    This matter
    is
    accepted for hearing.
    Quantum filed nine copies of its Petition
    but claimed parts of the Petition as confidential.
    This does not
    meet the requirements of
    35
    Ill. Adm. Code Part 120.
    However,
    Quantum is only claiming confidentiality as to certain pages
    in
    the information package attached to the Petition.
    Therefore,
    (
    Quantum is directed to file with the Board no later than January
    30, 1991, nine copies of an Amended Petition with the
    confidential information expunged consistent with 35
    Ill. Adm.
    Code 120.201 so that the Board may properly place the petition
    with the expunged information
    in its public file.
    The Board will
    maintain all copies of the attached information package
    in the
    confidential files of the Clerk of the Board until an Amended
    Petition is filed.
    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.
    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.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled unless the
    petitioner provides an open waiver or
    a waiver to a date at least
    120 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
    “~Y
    hearing slaall 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 making a decision, 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
    establish a Scheduling Order pursuant
    to the requirements of this
    Order, and to adhere to that Order until modified.
    This Order will not appear
    in the Board’s Opinion Volumes.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify th t the above Order was adopted on
    the
    ~
    day of ______________________, 1991, by a vote
    /L~
    Dorothy M.
    G,4in, Clerk’
    Illinois PoUution Control Board

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