ILLINOIS POLLUTION CONTROL BOARD

March 31, 1994

WHITE CAP, INC.,

)

)

Petitioner,

)

v.

)

PCB 94—93

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

On March 21, 1994, White Cap, Inc. filed a petition for

variance regarding its Chicago facility, located in Cook County.

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. Adin. 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

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. In this case, the statutory

decision deadline is July 19, 1994; therefore the decision due

date is June 23, 1994.

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 Iii. Adm. Code 104.180) require the Agency to file its

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2

recommendation for dis~psitionof the petition within 30 days of

filing of the petition.

The Board also notes that the petition states that the

“Petition for a Variance, the Amended Agency Recommendation and

the hearing record from PCB 92-153 remain true and accurate and

are incorporated herein by reference”. (Pet. at 1.) Section

101.106 of the board’s rules allows incorporation of prior

proceedings “upon separate written request”. Further, the

Board’s rules require that the “person seeking incorporation

shall file with the Board four copies of the material to be

incorporatedt1. Petitioner has included copies of the petition

from PCB 92-153 with this filing but not copies of the other

documents petitioner may wish to incorporate. The Board will

allow the incorporation of the materials provided petitioner

submits four copies of all the material from PCB 92—153 which the

petitioner wishes to incorporate.

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

S/-’~

day of

__________________,

1994, by a vote of ~

Control Board