ILLINOIS POLLUTION CONTROL
BOARD
November 4,
1993
GALESBURG SANITARY DISTRICT,
)
Petitioner,
v.
)
PCB 93—203
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by N. Nardulli):
This matter comes
before the Board
on
a petition filed
on
October
29,
1993, by the Galesburg Sanitary District, Galesburg,
Knox
County,
contesting
conditions
imposed
by
the
Agency
on
Galesburg’s NPDES permit.
This matter is accepted for hearing.
Galesburg has waived
the decision deadline
in this matter
until August 31,
1994.
Hearing must be scheduled within 14 days of the date of this
order and completed within 60 days of the date of this order.
The
hearing officer shall inform the Clerk of the Board of the time and
location of the hearing at least 40 days in advance of the hearing
so that public notice of hearing may be published.
After hearing,
the hearing officer shall
submit an exhibit
list and all actual
exhibits to the
Board within
5
days
of
hearing.
Any briefing
schedule
shall
provide
for
final
filings
as
expeditiously
as
possible and in no event later than 70 days from the date of this
order.
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.
This schedule will provide
the Board only a very short time period to deliberate and reach a
decision before the due date.
The hearing officer and the parties
are encouraged to expedite this proceeding as much as possible.
Within
10 days of accepting this
case,
the hearing officer
shall enter a hearing officer scheduling order governing completion
of the record.
That order shall set a date certain for each aspect
of
the
case
including:
briefing
schedule,
hearing
date(s),
completion of discovery (if necessary), and pre—hearing conference
(if
necessary).
The
hearing
officer
scheduling
order
may
be
modified by entry of
a complete new scheduling order conforming
with the time requirements below.
The hearing officer may extend this schedule only on a waiver
of
the
decision
deadline
by
the
petitioner
and
only
for
the
equivalent
or fewer number of days that the decision deadline is
waived.
Such waivers must be provided for in writing to the Clerk
of the Board.
Any waiver must be an “open waiver” or a waiver of
decision until a date certain.
Because of requirements regarding the publication of notice of
hearing, no scheduled hearing may be canceled unless the petitioner
provides an open waiver or
a waiver to a date at least 120 days
beyond the date of the motion to cancel hearing.
This should allow
ample time for the Board to republish notice of hearing and receive
transcripts from the hearing before the due date.
Any order by the
hearing officer granting cancellation of hearing shall
include a
complete new scheduling order with a new hearing date at least 40
days in the future and at least 30 days prior to the new due date
and the Clerk of the Board shall be promptly informed of the new
schedule.
•Because this proceeding
is the type for which the Illinois
Environmental Protection Act sets a very short statutory deadline
for
making
a
decision,
absent
a
waiver,
the
Board will
grant
extensions
or modifications only in unusual circumstances.
Any
such motion must set
forth
an alternative schedule for
notice,
hearing,
and
final
submissions,
as
well
as
the
deadline
for
decision,
including response time to such a motion.
However, no
such motion shall negate the obligation of the hearing officer to
establish a scheduling order pursuant to the requirements of this
order,
and to adhere to that order until modified.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
cert’ y that
the, above
order
was
adopted on the
-~/~
day of
___________________,
1993, by a vote of
~
/2
/1
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/
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I
~
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~Dorothy
N.
G~Xr~4i,
Clerk
Illinois Pol~itionControl Board