ILLINOIS POLLUTION
    CONTROL BOARD
    April 4,
    1996
    CATERPILLAR, INC.,
    )
    )
    Petitioner,
    )
    )
    PCB 96-175
    V.
    )
    (Permit Appeal
    -
    Land)
    )
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    On February 8,
    1996 the Illinois Environmental Protection Agency (Agency) and
    Caterpillar, Inc. (Caterpillar) filed a joint notice ofextension ofthe 35-day appeal period
    pursuant to Section 40 ofthe Environmental Protection Act, relating to a January 4,
    1996 Agency
    determination regarding Caterpillar’s permit application.
    On April
    3, 1996 Caterpillar filed a
    petition for review ofpermit regarding its facility located in Mapleton, Peoria County, Illinois.
    This matter is 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 a
    waiver (petitioner may file a waiver ofthe statutory
    decision deadline pursuant to 35111. 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 ofthe Board ofthe time and location
    ofthe hearing at least 40 days in advance ofhearing so that public
    notice ofhearing may be
    published.
    After hearing, the hearing officer shall submit an exhibit list, a statement regarding
    credibility ofwitnesses, 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 future
    waivers ofthe decision deadline, the statutory decision deadline is
    now August 1,
    1996 (120 days
    from April 3,
    1996);
    the Board meeting immediately preceding the decision deadline is
    scheduled for August 1,
    1996.
    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.
    The Board
    notes that
    Board rules
    (35
    Ill. Adm.
    Code
    105.102) require the Agency to file the
    entire
    Agency record of the permit
    application
    within
    14 days of notice of the petition.
    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
    ~/k
    day of
    ___________,
    1996, by
    a vote of
    Dorothy M.
    Gu
    ,
    Clerk
    Illinois
    Pollution Control Board

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