ILLINOIS POLLUTION CONTROL BOARD
May 9,
1986
VILLAGE OF
LEMONT,
)
)
Petitioner,
)
V.
)
PCB 86-54
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD
(by
3. Anderson):
On April
21, 1986,
the Village of Lemont
filed
a Petition
for Variance seeking relief from regulations on restricted status
and standards for permit issuance
as those regulations pertain
to
limitations on combined Radium 226 and
228.
This petition,
as
well
as the amended petition filed April
23, waive hearing.
However, four citizen objections were filed on May 5 and 6.
Hearing must therefore be held
as required by Section 37(a) of
the Environmental Protection Act.
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.
The
hearing officer may by
order set a schedule for submission of
briefs.
But such 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.
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
69-466
—2—
is waived.
Such waivers must be provided
in writing
to the Clerk
of the Board.
Any waiver must be an ~open waivers
or a waiver
of
decision until
a date certain.
Any waiver
shall extend
the time
deadline of Section 104.180 regarding filing the Agency
recomendation by the equivalent number of days, but in any
circumstance the recommendation must be filed
at least 10 days
before the hearing.
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 wiaver
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 befoer
the due
date.
Any order by the hearing officer granting cancellation of
hearing shall
include
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 second paragraph
of this Order.
IT IS SO ORDERED.
B.
Forcade dissented.
I, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted on
the
9~
day of _______________________
1985,
by
a vote
of
~-/
.
Illi
Poll
Ut
Control Board
69-467