ILLINOIS POLLUTION CONTROL BOARD
    July 21,
    1994
    BTL SPECIALTY RESINS
    )
    CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 94—160
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by H. McFawn):
    On Nay 26,
    1994, BTL Specialty Resins Corporation
    (BTL)
    filed a petition captioned “Petition for Review of Final
    Hazardous Waste Determination.”
    On June 2,
    1994, the Board
    issued an order finding that petitioner failed to set forth a
    proper jurisdictional basis for their appeal, and directing
    petitioner to file an amended petition correcting this
    deficiency.
    The Board noted that failure to do so would subject
    BTL’s petition to dismissal.
    On June 23,
    1994 BTL filed an
    amended petition which sets forth the grounds on which BTL
    asserts there
    is proper jurisdiction.
    On July 15,
    1994,
    the
    Illinois Environmental Protection Agency (Agency)
    filed a motion
    to dismiss, asserting that petitioner has failed to establish a
    proper jurisdictional basis for its appeal.
    The time for BTL to respond to the Agency’s motion has not
    yet expired.
    In order to avoid delay,
    this matter is accepted
    for hearing, pending resolution of the jurisdictional
    issue.
    The
    filing of the amended petition restarts the Board’s decision
    timeclock, with the actual decision date now calculated as
    October 21,
    1994.
    Accordingly, unless the decision deadline
    is
    waived by petitioners,
    the Board anticipates reaching a decision
    at its regularly scheduled meeting of October 20,
    1994.
    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
    Chief Hearing Officer shall assign a hearing officer to conduct
    hearings.
    The Clerk of the Board shall promptly issue
    appropriate directions to the assigned hearing officer consistent
    with this order.
    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
    2
    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.
    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 H.
    Gunn,
    Clerk of the Illinois Pollution Control
    ~oard, hereby ce
    fy that the above order was adopted on the
    •~‘~dayof
    _________________,
    1994, by a vote of
    _______
    U
    /~‘
    Dorothy M. ~nn,
    Clerk
    Illinois Pollution Control Board

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