ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1996
    IN MATTER OF:
    PETITION OF THE ENSIGN-BICKFORD
    COMPANY FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    703.183
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    AS 97-4
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 5, 1996 this adjusted standard petition was filed by the Ensign-Bickford
    Company (EBC). On September 30, 1996, EBC filed its certification of publication indicating
    that notice of the petition for adjusted standard was published on September 2, 1996, in the
    Gazette Democrat. The Illinois Environmental Protection Agency (Agency) on October 15,
    1996 filed its response to the petition. On October 30, 1996, EBC filed a motion for leave to
    file a reply to the Illinois Environmental Protection Agency response. This motion is granted
    and EBC’s reply is accepted. The Board accepts the petition for adjusted standard for hearing.
    This is a type of case for which the Illinois Environmental Protection Act (Act)
    prescribes no deadline for decision, although as in noted the Act, petitioner must timely
    pursue disposition of the petition. Therefore, hearing must be scheduled and completed in a
    timely manner, consistent with Board practices and 35 Ill. Adm. Code Part 101 and Part 106,
    Subpart G. A hearing officer will be assigned to conduct hearings. The Clerk of the Board
    shall promptly issue appropriate directions to the assigned hearing officer consistent with this
    order. The hearing officer shall schedule a hearing to allow for the filing of the Agency
    response.
    The assigned 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, a statement
    regarding credibility of witnesses and all actual exhibits to the Board within five days of the
    hearing. Any briefing schedule shall provide for final filings as expeditiously as possible.
    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. The hearing officer and the parties are encouraged to expedite this proceeding
    as much as possible.
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    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 _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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