ILLINOIS POLLUTION CONTROL BOARD
    August 15,
    1985
    CITIZENS UTILITIES COMPANY
    OF ILLINOIS,
    Petitioner,
    v.
    )
    PCB 85—95
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    i.GENCY,
    Respondent.
    ORDER OF
    THE
    BOARD
    (by B. Forcade):
    This matter
    comes before
    the Board on an Amendment to
    Petition for Variance, dated August 13, 1985,
    filed on behalf of
    Citizens Utilities Company of Illinois.
    This matter
    is accepted
    for hearing.
    Hearing must be scheduled within
    14 days of the
    date of this Order
    and completed within 80 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 90 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
    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.
    Any waiver shall extend the time
    deadline
    of Section 104.190 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.
    85-281
    —2—
    Because this proceeding
    is the type for which
    the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for decisionmakirtg, 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
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /~i~
    day of
    -,
    1985, by a vote
    of
    7-c~
    .
    Dorothy
    M.
    dunn, Clerk
    Illinois Pollution Control Board
    65-282

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