ILLINOIS POLLUTION CONTROL BOARD
    October 16,
    1992
    KELLY-WILLIAMSON COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—10
    (Underground
    Storage
    Tank
    Fund
    ILLINOIS ENVIRONMENTAL
    )
    Reimbursement
    Determination)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On October
    1,
    1992, Kelly-Williamson’ filed a motion to
    schedule a hearing along with a waiver of the statutory deadline.
    The waiver extended the statutory deadline for decision until
    February 18,
    1993.
    A hearing was previously held on this matter on April 29,
    1992,
    in Oregon,
    Illinois.
    At the time of the hearing, the
    petitioner and the Illinois Environmental Protection Agency
    (Agency) had negotiated a settlement.
    The transcript from the
    hearing consists of statements concerning the settlement.
    Subsequent to the hearing, Kelly-Williamson has been unable to
    finalize the settlement agreement with the Agency.
    The Board in
    its September 3,
    1992 order denied Kelly—Williamson’s motion to
    accept the settlement agreement entered on the record at hearing.
    Kelly—Williamson now moves the Board to reschedule this matter
    for hearing.
    This motion is granted and the hearing officer
    is
    directed to reschedule a hearing in this matter.
    The hearing
    officer is further reminded that because this matter has a
    specific decision deadline, the hearing may not be cancelled
    absent an appropriate waiver of the deadline by the petitioner.
    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
    The Board notes that in some documents the name of the
    petitioner is spelled Kelley-Williamson.
    0136-0379
    2
    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
    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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    BoarçI,Ji~erebycertify that
    e
    bove order was adopted on the
    ____________day of
    ,
    1992,
    by
    a vote of
    -C.
    ~
    ~.
    Dorothy M.,4unn,
    Clerk
    Illinois Ppllution Control Board
    0136-0380

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