ILLINOIS POLLUTION CONTROL
    BOARD
    April
    2, 1981
    DONALD
    J.
    HAMMAN,
    Petitioner,)
    v.
    )
    PCB 80—153
    ILLINOIS
    ENVIRONI~ENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.)
    ORDER OF THE BOARD
    (by D. Satchell):
    On March 26, 1981 interverior Raymond Greenberg, Highway
    Commissioner for Wheatland Township (Greenberg),filed a motion
    for continuance of the public hearing scheduled for April
    3,
    1981.
    On the same date intervenors Harry Mathers, et al.,
    filed a similar motion for continuance.
    The former motion
    recited confusion over the issues, while the latter stated that
    the intervenor had hired
    a new attorney.
    Section 40(a)
    of the Environmental Protection Act
    (Act)
    required the Board to render a decision on this matter within
    ninety days of the filing of the petition.
    This provision is
    not applicable to motions
    for reconsideration such as are
    pending before the Board.
    However,
    in adopting the ninety day
    rule the legislature expressed an intention that the permit
    applicant should have a prompt decision.
    Nearly ninety days
    h.ave now elapsed since the Board’s Opinion and Order of January
    8,
    1981.
    The intervenors have now had nearly as much time as
    they would have had if they had been parties from the outset.
    Further delay of this appeal would be inconsistent with the
    policy that the applicant have a prompt decision.
    Greenberg’s motion also raises a number of questions which
    the Board will answer in part.
    Greenberg claims that the
    Board’s February 19 Order stated that the evidence should focus
    on the reasons for denial of the motion to vacate.
    Greenberg
    misconstrues the Order.
    The hearing should focus on the
    reasons for denial of the permit which were stated in the
    Agency’s letter of denial
    (S39(a) (4)
    of the Act~Environmental
    Site Developers v. IEPA, PCB 80-15, June 12, 1980).
    If persons seek to introduce evidence which was not before
    the Agency when it acted on the permit, the Hearing Officer may
    in his discretion allow this as an offer of proof.
    The proponent
    of the offer should explain why the evidence
    is not in the
    Agency record.
    Offers should be presented by question and
    answer.
    Cross—examination should be allowed, and persons may
    41—17 1
    —2—
    preserve objections
    to the offer even if they cross-
    examine. The Hearing Officer should allow a reasonable
    time for non—parties to comment.
    On March
    27,
    1981 Donald J. Hamman filed a motion
    for allocation of costs pursuant to Procedural Rule
    502 (a) (5). The Board will provide a court reporter and
    pay the cost of preparation of a stenographic transcript
    of the hearing to be held April
    3,
    1981. To this extent
    the
    motion
    for
    costs
    is
    allowed,
    otherwise
    it
    is
    denied.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    ),‘~
    day of
    ,~.,
    ,
    1981 by a vote of
    .~
    ~i
    ~/
    ‘I
    —
    Christan L.
    Mof’fétt, Clerk
    Illinois Pollution Control Board
    4 1—172

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