ILLINOIS POLLUTION CONTROL BOARD
June 1,
1995
GENERAL BUSINESS FORMS INC.,
)
)
Petitioner,
)
v.
)
PCB 95—155
)
(Variance—Air)
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On May 26,
1995, General Business Forms,
Inc. filed a
petition for variance from 35 Iii.
Adm. Code 218.405 thru
218.411’ regarding its facility located at 7300 Niles Center
Road,
Skokie, Cook 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 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 hearing, 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
135
Ill. Adm. Code 218.405 thru 218.411 was amended on Nay 9,
1995
(see R94—31).
Since General Business Forms
Inc. filed its
petition for variance from this rule within twenty (20)-days of the
effective date of this amendment, pursuant to 415 ILCS 5/38(b), the
effectiveness of the amended portions of this rule,
as they apply
to petitioner, are stayed pending the disposition of this petition.
Particularly under these circumstances, the parties and the hearing
officer are directed to conclude this action as expeditiously as
practicable.
35
Ill.
Adm. Code 218.405 thru 218.411 became
effective on May 9,
1995.
2
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 of the
decision deadline, the statutory decision deadline is now
September 23,
1995
(120 days from May 26,
1995); the Board
meeting immediately preceding the due date is scheduled for
September 21,
1995.
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 104.180) require the Agency to file its recommendation for
disposition of the petition within 30 days of filing of the
petition.
This order will not appear in the Board’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control~,..
Board, hereby cer
y that the above order was adopted on the
/~
day of
_________________________
,
1995, by a v~teof
7-c
I
_____
/ ~
Dorothy M.
Illinois
Control Board