ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    CITY OF DEKALB,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-246
    (Variance - Public Water Supply)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On June 3, 1996 the City of DeKalb (DeKalb) filed a Petition for Variance, requesting
    the Board to extend a prior variance granted in City of DeKalb v. IEPA (date) PCB 91-34
    from the provisions of 35 Ill. Adm. Code 602.105(a) and 602.106(b), but only to the extent
    that those rules apply to the maximum contaminant level of combined radium in a public water
    supply as set forth at 35 Ill. Adm. Code 611.330(a). On June 10, 1996 an objection to
    DeKalb’s petition for variance and a request for hearing was received from DeKalb resident
    Dorianne Burg. Pursuant to Section 37(a) of the Illinois Environmental Protection Act, the
    Board is required to hold a hearing if a timely-filed written objection to the grant of variance is
    received. (415 ILCS 37(a) (1994).) The objection to DeKalb’s variance was timely filed;
    therefore, this matter is hereby accepted for hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices and the applicable statutory decision deadline, or the decision deadline as
    extended by waiver (petitioner may file a waiver of the statutory decision deadline pursuant to
    35 Ill. Adm. Code 101.105). The Board will assign a hearing officer to conduct hearings
    consistent with this order, and the Clerk of the Board shall promptly issue appropriate
    directions to that assigned hearing officer.
    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 and, in
    time-limited cases, no later than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory or deferred decision
    deadline. Absent any waivers of the decision deadline, the statutory decision deadline is now
    October 1, 1996 (120 days from June 3, 1996); the Board meeting immediately preceding the
    decision deadline is scheduled for September 19, 1996.
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    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.
    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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